It's My Software! No, It's Mine! Psystar vs. Apple

[Jeff Campbell]

<div class='os_post_top_link'><a href='http://news.cnet.com/8301-13579_3-10142226-37.html?tag=mncol;title' target='_blank'>http://news.cnet.com/8301-13579_3-1...tag=mncol;title</a><br /><br /></div><p><em>"Psystar is still tilting at legal windmills in its battle against Apple, this time asserting its right to do whatever it wants with products obtained legally from Apple."</em></p><p><em><img src="http://images.thoughtsmedia.com//at/auto/1231905660.usr105634.png" /></em></p><p>And the battle continues! <a href="http://www.psystar.com/" target="_blank">Psystar</a> filed amended paperwork in court stating they had the right to resell the OS X software under the <a href="http://www.aallnet.org/committee/copyright/pages/issues/firstsale.html" target="_blank">first sale doctrine</a>, since they purchased it legally through Apple and other resellers. The problem with this argument, as outlined in the article, is that the courts (for the most part anyway) have disagreed, saying the first sale doctrine doesn't apply to software. Apple contends that the Mac OS X licensing agreement clearly forbids installation on any non-Apple hardware. I don't know about anyone else, but I have no interest in purchasing a 3rd party machine that just happens to be running&nbsp;<a href="http://www.apple.com/macosx/" target="_blank">OS X</a>&nbsp;on it, I'd rather have a complete unit with hardware built with the software in mind. How about anyone else, any interest in buying from Psystar?</p>

[crimsonsky]

No way I'd buy OS X on anything else than an Apple machine. One of the nicest things about using OS X is how perfectly it integrates with Apple's hardware. Do we really want to deal with all the vagaries of thousands of hardware configurations that the Windows world does? No thanks!

Psystar is really clasping at straws now. Unfortunately, I don't see anyway this trend of running OS X on PC hardware is going to stop, be it by a company (really stupid idea - fighting Apple's legal team) or via hackers. This is a genie that can not be put back in the bottle.

[Jeff Campbell]

No way I'd buy OS X on anything else than an Apple machine. One of the nicest things about using OS X is how perfectly it integrates with Apple's hardware. Do we really want to deal with all the vagaries of thousands of hardware configurations that the Windows world does? No thanks!

Yep, this is the reason I switched to Mac years ago, got tired of the endless problems in trying to get hardware to work correctly. I'm with you!

[Joe Johaneman]

While I would never buy a Psystar machine, I really want Psystar to win this battle. The courts have been wishy-washy on the doctrine of first sale in regards to software. Sometimes they say yes, sometimes no. I'd really like to have the doctrine of first sale to apply to any software I purchased. :)

[jdmichal]

I'm with Joe... But for a different reason. I would love to see the idea of restrictive EULA policies finally be stricken down in court. They're fine for removing legal liability for using the software, but no thanks to being able to dictate how or where the software is used.