... the difference between inducing breach of contract allegation (Apple EULA's tying restriction with respect to running Apple OS on non-Apple branded computers) vs (contributory) copyright infringement.
http://www.groklaw.net/article.php?story=20091215225827172 (Apple wins total, permanent injunction against Psystar) "Here's how it [Psystar] describes Rebel EFI: Rebel EFI is a software product that users can install on their own computers. WIth Rebel EFI, generic personal computers can run OS X. Psystar does not come in contact with OS X at all in manufacturing or selling Rebel EFI. In particular, in manufacturing and selling Rebel EFI, Psystar does not install a copy of OS X on any computer; does not use any kind of imaging station; does not add to, delete from, or modiffy any copy of OS X in any way; does not create any DVD's or other media containing OS X; and does not even resell copies of OS X to end users. So, can users buy Rebel EFI from Psystar and install their own copy of OSX from Apple without it being copyright infringement? Psystar thinks they can: Such end users are protected by 17 U.S.C. Section 117, which provides that "it is not an infringement for the owner of a copy of a computer program to make ... another copy or adaptation of that computer program provided ... that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine." See what I mean? That's when I stopped reading. What Psystar hasn't figured out, but may discern from the permanent injunction from California, is that it is not an end user so it can't ask the court for a declaratory judgment that what end users do is OK. One of them would have to do that. Declaratory judgments are not for theoreticals. And in any case, making a product that will help end users bypass the EULA that they must agree to to install Apple's software ... well, I fail to comprehend why Psystar doesn't get it, even with lawyers to explain it to them. " LMAO! regards, alexander. -- http://gng.z505.com/index.htm (GNG is a derecursive recursive derecursion which pwns GNU since it can be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards too, whereas GNU cannot.) _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
