In article <[EMAIL PROTECTED]>, rjack <[EMAIL PROTECTED]> wrote:
> The current copyright suit filed by Apple against Psystar > http://blogs.zdnet.com/BTL/images/apple.pdf > states under General Allegations: > > ³21. Apple has never authorized Psystar to install, use, or sell the Mac OS > on > any non-Apple-labeled hardware.² > > The term ³non-Apple-labeled hardware² is so broad and > non-specific that as a scope of use restriction in their license, it may > violate > the doctrine of copyright misuse. What's so non-specific? Non-Apple-labeled hardware is everything other than Apple-labeled hardware. The actual license text says that the software may be installed "on a single Apple-labeled computer at a time." > > http://digital-law-online.info/cases/15PQ2D1846.htm > http://en.wikipedia.org/wiki/Copyright_misuse > > The scope of use term does not restrict use to a specific platform (i.e. > Intel > X86 or IBM¹s POWER) but applies to *any* computer hardware, regardless of > what¹s > inside the box. It restricts it to a specific brand of hardware, namely those carrying the Apple brand. If Apple were considered a monopoly, I think there might be antitrust issues (wasn't IBM forced many years ago to allow its mainframe OS to run on competitors' hardware?). But Apple's market share is hardly large enough for this to apply. -- Barry Margolin, [EMAIL PROTECTED] Arlington, MA *** PLEASE post questions in newsgroups, not directly to me *** *** PLEASE don't copy me on replies, I'll read them in the group *** _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
