Apple’s charges of copyright infringement and DMCA violation against Psystar have stuck and, friends, things ain’t pretty for the two brothers in Miami. The problem with Psystar’s approach wasn’t that they were crazy for trying it. It’s that the were selling a counterfeit unit.
Apple contends that Psystar has violated its distribution right by offering and selling Mac OS X on Psystar computers to the public. Psystar admits that it has distributed Mac OS X (Chung Exh. 17 at 4).
But Psystar responds that its conduct is protected by the Section 109 first-sale doctrine. Section 109 provides that “the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord.” 17 U.S.C. 109. This provision is a limitation on the distribution right. It applies only to an owner of a copy.
Groklaw puts it best when it writes:
I know. They’ll say, but, but, but … what if they hadn’t used the master and just used each copy, then would it work? Sons, why do you think Psystar used the master copy? Because it’s a business, and in a business, efficiency is money. That’s why businesses set themselves up, to make money. The whole world is not with you on a holy war to destroy EULAs and the GPL. Even this rinkydink business wanted to make money. Theoreticals belong on message boards, not in business and definitely not in courtrooms, and even on message boards, everyone told you for years that this wouldn’t work out if someone tried it. It’s been tried. It didn’t work out.
Shine on, you crazy Psystar diamonds. I guess I’ll never get support for the janky Hackintosh we bought.
Thanks, Alex
I am waiting for that aspiring prosecutor that will charge the Pedraza boys for felony violation of the Digital Millennium Copyright Act. Such a violation entails years of prison.
It should be easy to prosecute them. They openly admitted to what they were doing. It should be a slam dunk prosecution, then off to Federal Prison.
Obligatory:
Fuck the DMCA
Fuck the EULA
Psyche!
I wish ‘em luck….
The Pedraza boys should get what they deserved for openly stealing and selling something they were not entitled to. I am glad that the judge moved in decisively on this issue because Psystar’s arguments did not hold any water and this trial has gone on for way too long already.
Butthurt that somebody didn’t make Apple fanboys feel as special and unique as Stevey has been telling you that you all are?
This is the kind of comment that validates what Mac users have always said about PC fanboys….
Ive heard Mac fanboys say a LOT of bullshit about PC users, claiming that Windows still constantly bluescreens and MACOSX dosen’t crash (my ass it dosen’t), that its easier to move from XP to MACOS than XP to Windows7, etc.
If anything their crap validates all the negative stereotypes they have.
I have uploaded the Court’s order granting Summary Judgment if anyone wants to view or download it. It is a well reasoned order and summarized the arguments fairly well. The following claims are still to be litigated in the case: (1) breach of contract; (2) induced breach of contract, (3) trademark infringement; (4) trademark dilution; (5)trade dress infringement; and (6) state unfair competition under California Business and Professions Code ยง 17200; and (7) common law unfair competition.
Grab the Summary Judgment Order here: http://nextgencopyright.blogspot.com/2009/11/apple-v-psystar-apple-granted-summary.html
My Support Is With You Guys…..