LOL Gotta love Google. It's now 10:55PM and this message Bruce sent at 11:23AM just arrived...
At 11:23 AM -0700 8/30/2008, Bruce Johnson wrote: > >> There is a legal question here as to the separation of hardware and >>> software. If the courts rule that they're separate products,,, the >>> whole industry will change -- for the better, IMO. >>> >> Maybe there is a better way. The case of Timothy Vernor vs Autodesk >> should be instructive. It holds the first sale doctrine to apply to >> "licensed" software. I have read several lawyers refer to it as well >> reasoned and more influential that pure precedent would suggest. If >> first sale doctrine applies to OSX "purchases", then restrictions over >> where it can be installed fall to the wayside. > >Not really. The first sale doctrine merely means that you can re-sell >software you purchased for yourself. It does not invalidate any other part >of the EULA, merely the part that disallows transfer to another person. It means that software, traditionally an IP, is to be handled just like any normal product. That's the first giant step onto that slippery slope. >Moreover, the first sale doctrine applies, like the EULA, to end >users only. Pystar, by virtue of incorporating as a business, >advertising and providing systems as a commercial seller of >Mac-compatible systems can NOT be considered an end-user. The first sale doctrine applies to ANY entity that buys or re-sells a product. As for the EULA... Apple's suit is based on the idea that Psystar has violated the EULA, isn't it? > > Maybe this is all a brilliant strategy by Apple. [snip] >In his interview in Time, iirc, some years back Steve Jobs was asked >explicitly about Apple's business goals. His answer (paraphrased) >was "To continue making really cool stuff we can play with...and >sell enough of it >to continue making really cool stuff on into the future." A nice flip answer. How long will the stockholders tolerate that? - Dan. -- - Psychoceramic Emeritus; South Jersey, USA, Earth --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed Low End Mac's G3-5 List, a group for those using G3, G4, and G5 desktop Macs - with a particular focus on Power Macs. The list FAQ is at http://lowendmac.com/lists/g-list.shtml and our netiquette guide is at http://www.lowendmac.com/lists/netiquette.shtml To post to this group, send email to [email protected] To unsubscribe from this group, send email to [EMAIL PROTECTED] For more options, visit this group at http://groups.google.com/group/g3-5-list?hl=en Low End Mac RSS feed at feed://lowendmac.com/feed.xml -~----------~----~----~----~------~----~------~--~---
