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Apple vs. Psystar

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memenode's picture
User offline. Last seen 10 weeks 4 days ago. Offline
Joined: 2004-07-12

This news title got me a little curious about the whole topic espoused by this lawsuit: Psystar claims Apple has invalid Mac OS X copyright.

I have no idea whether Psystar is right here or not, nor does that even matter to me. I just realize that if Psystar was to anyhow successfully defend against this lawsuit it would set a rather interesting precedent.

The really interesting question is whether Psystar should have the right to do what they do or should Apple be able to close them down?

I know my perspective isn't shared by many, but that at least might make it a little more interesting. I personally actually lean on the side of Psystar. It is questionable if Apple has suffered any real loss due to Psystar selling computers with Mac OS X, because those computers still are not Macs (sold as much for their OS as for the overall integration and style). But that's not even the main point. Apple hasn't lost a single copy of Mac OS X as a result of Psystar doing what it is doing. This is the nature of all things digital. Making copies, by definition, doesn't destroy originals. Thus on property rights alone Apple is in fact not damaged. Also, the fact somebody broke a license and made an unauthorized copy, doesn't somehow magically transfer the liability for that person's infringement on to the downstream parties.

This could EVEN perhaps be argued legally, but I don't hold much weight to legal. Moral is greater for me and I see no ties between legal and moral. I don't care what the copyright law says - Psystar may still be right. And if it is, then it is also one of the greatest examples of why proprietary software is in fact an unsustainable idea. The only thing keeping it going are the draconian laws. The free market overall may be fairly hostile to it if it weren't for these laws.

What do you think?


Daniel Memenode signature