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	<title>Comments on: Opinion: Psystar Ruling Could Have Set Precedent for Upgrading Your Mac</title>
	<atom:link href="http://gigaom.com/apple/opinion-psystar-ruling-could-have-set-precedent-for-upgrading-your-mac/feed/" rel="self" type="application/rss+xml" />
	<link>http://gigaom.com/apple/opinion-psystar-ruling-could-have-set-precedent-for-upgrading-your-mac/</link>
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		<title>By: mpls</title>
		<link>http://gigaom.com/apple/opinion-psystar-ruling-could-have-set-precedent-for-upgrading-your-mac/#comment-374678</link>
		<dc:creator><![CDATA[mpls]]></dc:creator>
		<pubDate>Fri, 20 Nov 2009 00:32:52 +0000</pubDate>
		<guid isPermaLink="false">http://theappleblog.com/?p=35765#comment-374678</guid>
		<description><![CDATA[When Apple starts restricting the Mac, I’m gone and many other people too.]]></description>
		<content:encoded><![CDATA[<p>When Apple starts restricting the Mac, I’m gone and many other people too.</p>
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		<title>By: Terrin</title>
		<link>http://gigaom.com/apple/opinion-psystar-ruling-could-have-set-precedent-for-upgrading-your-mac/#comment-374677</link>
		<dc:creator><![CDATA[Terrin]]></dc:creator>
		<pubDate>Wed, 18 Nov 2009 14:35:56 +0000</pubDate>
		<guid isPermaLink="false">http://theappleblog.com/?p=35765#comment-374677</guid>
		<description><![CDATA[You obviously know very little about intellectual property. This ruling wasn&#039;t about what consumers do in the privacy of their own homes. It is about a company trying to make money off of Apple&#039;s work at the expense of Apple. Simply stated, you can&#039;t use a licensed copyrighted product contrary to the licensing terms if doing so is for profit and/or will take from the licensor&#039;s profits. Psystar&#039;s problem was it was a company trying to make a profit on Apple&#039;s work by taking sales of hardware from Apple. The above ruling is in accords with well established copyright law, and nobody who knows anything about copyright law expected Apple to lose. 

As a Mac owner, you own the hardware. There is no license. Apple can&#039;t tell you what to do with the Mac in terms of modifying it. Further, as a legitimate licensee of OSX (e.g. you own a Mac and bought the OS), Apple can&#039;t tell you what to do with the OS provided the use is not for profit and doesn&#039;t interfere with Apple&#039;s business no more the Beatles can sue you for singing, &quot;Hey, Jude&quot; in the shower. That is called Fair-Use. Psystar failed to raise any significant fair-use defense because it didn&#039;t have one. 

You could, however, get in trouble with the DMCA if you post instructions on how to bypass Apple&#039;s copyright protection scheme. Apple doesn&#039;t seem to be going after these type of hacking sites though. 

I for one think Apple in this case has exercised it&#039;s rights fairly. Nobody is forcing anybody to buy a Mac. People have plenty of other choices. Psystar is free to develop it&#039;s own OS, or ship it&#039;s computers with some of the free OSes available. Further, in a free Country, Apple should not be forced to sell anything other then an upgrade version of it&#039;s OS, which is what it  does. As a Mac user, I understand the value of Macs is one company controls the whole hardware experience so if I am unhappy I know who to go to.]]></description>
		<content:encoded><![CDATA[<p>You obviously know very little about intellectual property. This ruling wasn&#8217;t about what consumers do in the privacy of their own homes. It is about a company trying to make money off of Apple&#8217;s work at the expense of Apple. Simply stated, you can&#8217;t use a licensed copyrighted product contrary to the licensing terms if doing so is for profit and/or will take from the licensor&#8217;s profits. Psystar&#8217;s problem was it was a company trying to make a profit on Apple&#8217;s work by taking sales of hardware from Apple. The above ruling is in accords with well established copyright law, and nobody who knows anything about copyright law expected Apple to lose. </p>
<p>As a Mac owner, you own the hardware. There is no license. Apple can&#8217;t tell you what to do with the Mac in terms of modifying it. Further, as a legitimate licensee of OSX (e.g. you own a Mac and bought the OS), Apple can&#8217;t tell you what to do with the OS provided the use is not for profit and doesn&#8217;t interfere with Apple&#8217;s business no more the Beatles can sue you for singing, &#8220;Hey, Jude&#8221; in the shower. That is called Fair-Use. Psystar failed to raise any significant fair-use defense because it didn&#8217;t have one. </p>
<p>You could, however, get in trouble with the DMCA if you post instructions on how to bypass Apple&#8217;s copyright protection scheme. Apple doesn&#8217;t seem to be going after these type of hacking sites though. </p>
<p>I for one think Apple in this case has exercised it&#8217;s rights fairly. Nobody is forcing anybody to buy a Mac. People have plenty of other choices. Psystar is free to develop it&#8217;s own OS, or ship it&#8217;s computers with some of the free OSes available. Further, in a free Country, Apple should not be forced to sell anything other then an upgrade version of it&#8217;s OS, which is what it  does. As a Mac user, I understand the value of Macs is one company controls the whole hardware experience so if I am unhappy I know who to go to.</p>
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		<title>By: tubedogg</title>
		<link>http://gigaom.com/apple/opinion-psystar-ruling-could-have-set-precedent-for-upgrading-your-mac/#comment-374676</link>
		<dc:creator><![CDATA[tubedogg]]></dc:creator>
		<pubDate>Tue, 17 Nov 2009 19:29:05 +0000</pubDate>
		<guid isPermaLink="false">http://theappleblog.com/?p=35765#comment-374676</guid>
		<description><![CDATA[&quot;Does anyone really imagine the likes of Adobe and Microsoft would acquiesce in the introduction of a pre-vetting and approval process? They’d be more likely to walk away from the Mac platform. Smaller established Mac developers could lose their business if such a process was introduced.&quot;

The likes of Adobe and Microsoft wouldn&#039;t walk away. There&#039;s too much money on the table for them to do so. This is the same reason that Adobe is hellbent on getting Flash Player onto the iPhone, even going so far as to set up Flash (the development software) to output semi-native iPhone apps.

The second part of that, though - you&#039;re right. We&#039;d see the same problems we do with the existing App Store, and eventually small developers will walk away.]]></description>
		<content:encoded><![CDATA[<p>&#8220;Does anyone really imagine the likes of Adobe and Microsoft would acquiesce in the introduction of a pre-vetting and approval process? They’d be more likely to walk away from the Mac platform. Smaller established Mac developers could lose their business if such a process was introduced.&#8221;</p>
<p>The likes of Adobe and Microsoft wouldn&#8217;t walk away. There&#8217;s too much money on the table for them to do so. This is the same reason that Adobe is hellbent on getting Flash Player onto the iPhone, even going so far as to set up Flash (the development software) to output semi-native iPhone apps.</p>
<p>The second part of that, though &#8211; you&#8217;re right. We&#8217;d see the same problems we do with the existing App Store, and eventually small developers will walk away.</p>
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		<title>By: tubedogg</title>
		<link>http://gigaom.com/apple/opinion-psystar-ruling-could-have-set-precedent-for-upgrading-your-mac/#comment-374675</link>
		<dc:creator><![CDATA[tubedogg]]></dc:creator>
		<pubDate>Tue, 17 Nov 2009 19:22:11 +0000</pubDate>
		<guid isPermaLink="false">http://theappleblog.com/?p=35765#comment-374675</guid>
		<description><![CDATA[The problem with your argument is that in the cases we are talking about, i.e. modification, copying and redistribution, the use falls afoul of copyright law before it even touches the EULA. The motion that Apple won summary judgment on was for copyright infringement and DMCA violations, neither of which have anything to do with EULA protections.

&quot;Folks who don&#039;t like EULAs&quot; typically have a problem with EULAs that attempt to covet their firstborn, as opposed to those that are indeed simple protections for the creator of the software. Copyright law and the DMCA cover most if not all rights covered by a EULA; while there are legitimate interests not covered there that can be placed in a EULA, as well as a reminder of copyright law, most EULAs go about 12 steps farther and attempt to dictate what color shirt the user puts on in the morning.]]></description>
		<content:encoded><![CDATA[<p>The problem with your argument is that in the cases we are talking about, i.e. modification, copying and redistribution, the use falls afoul of copyright law before it even touches the EULA. The motion that Apple won summary judgment on was for copyright infringement and DMCA violations, neither of which have anything to do with EULA protections.</p>
<p>&#8220;Folks who don&#8217;t like EULAs&#8221; typically have a problem with EULAs that attempt to covet their firstborn, as opposed to those that are indeed simple protections for the creator of the software. Copyright law and the DMCA cover most if not all rights covered by a EULA; while there are legitimate interests not covered there that can be placed in a EULA, as well as a reminder of copyright law, most EULAs go about 12 steps farther and attempt to dictate what color shirt the user puts on in the morning.</p>
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		<title>By: Michael</title>
		<link>http://gigaom.com/apple/opinion-psystar-ruling-could-have-set-precedent-for-upgrading-your-mac/#comment-374674</link>
		<dc:creator><![CDATA[Michael]]></dc:creator>
		<pubDate>Tue, 17 Nov 2009 11:18:03 +0000</pubDate>
		<guid isPermaLink="false">http://theappleblog.com/?p=35765#comment-374674</guid>
		<description><![CDATA[Wise words.]]></description>
		<content:encoded><![CDATA[<p>Wise words.</p>
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		<title>By: Michael</title>
		<link>http://gigaom.com/apple/opinion-psystar-ruling-could-have-set-precedent-for-upgrading-your-mac/#comment-374673</link>
		<dc:creator><![CDATA[Michael]]></dc:creator>
		<pubDate>Tue, 17 Nov 2009 11:17:42 +0000</pubDate>
		<guid isPermaLink="false">http://theappleblog.com/?p=35765#comment-374673</guid>
		<description><![CDATA[More wise words.]]></description>
		<content:encoded><![CDATA[<p>More wise words.</p>
]]></content:encoded>
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		<title>By: AdamC</title>
		<link>http://gigaom.com/apple/opinion-psystar-ruling-could-have-set-precedent-for-upgrading-your-mac/#comment-374672</link>
		<dc:creator><![CDATA[AdamC]]></dc:creator>
		<pubDate>Tue, 17 Nov 2009 00:47:46 +0000</pubDate>
		<guid isPermaLink="false">http://theappleblog.com/?p=35765#comment-374672</guid>
		<description><![CDATA[Can Apple afford this type of move when they are on the roll? No.

Judging from the actions they are taking regarding the app approval process they are very concerned with PR and no longer are they in the small mind camp. 

Today with their Apple stores they have more to lose when customers stop coming to shop there because of bad press and actions which you insinuate they may carry out. 

And in their after sale services they are bending backward to make Macusers and iPhoneusers happy because they now believe happy users bring more users.

After reading your piece bring to mind that Apple is stupid and keep make mistakes after mistakes and antagonizing their customers is part of their plan to will bring in more customers. There are enough Apple bashers to do the job.

One last thought if you are not happy and afraid that they will do what you insinuated you don&#039;t have to use any Apple products.]]></description>
		<content:encoded><![CDATA[<p>Can Apple afford this type of move when they are on the roll? No.</p>
<p>Judging from the actions they are taking regarding the app approval process they are very concerned with PR and no longer are they in the small mind camp. </p>
<p>Today with their Apple stores they have more to lose when customers stop coming to shop there because of bad press and actions which you insinuate they may carry out. </p>
<p>And in their after sale services they are bending backward to make Macusers and iPhoneusers happy because they now believe happy users bring more users.</p>
<p>After reading your piece bring to mind that Apple is stupid and keep make mistakes after mistakes and antagonizing their customers is part of their plan to will bring in more customers. There are enough Apple bashers to do the job.</p>
<p>One last thought if you are not happy and afraid that they will do what you insinuated you don&#8217;t have to use any Apple products.</p>
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		<title>By: frd75</title>
		<link>http://gigaom.com/apple/opinion-psystar-ruling-could-have-set-precedent-for-upgrading-your-mac/#comment-374671</link>
		<dc:creator><![CDATA[frd75]]></dc:creator>
		<pubDate>Mon, 16 Nov 2009 22:50:45 +0000</pubDate>
		<guid isPermaLink="false">http://theappleblog.com/?p=35765#comment-374671</guid>
		<description><![CDATA[I don&#039;t have an iPhone because of that crap and if it&#039;s expanded to Macs,then I won&#039;t have a mac either. 

I lived without a mac for a long time and I won;t like it but iI can do it again.]]></description>
		<content:encoded><![CDATA[<p>I don&#8217;t have an iPhone because of that crap and if it&#8217;s expanded to Macs,then I won&#8217;t have a mac either. </p>
<p>I lived without a mac for a long time and I won;t like it but iI can do it again.</p>
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		<title>By: Mark</title>
		<link>http://gigaom.com/apple/opinion-psystar-ruling-could-have-set-precedent-for-upgrading-your-mac/#comment-374670</link>
		<dc:creator><![CDATA[Mark]]></dc:creator>
		<pubDate>Mon, 16 Nov 2009 21:53:14 +0000</pubDate>
		<guid isPermaLink="false">http://theappleblog.com/?p=35765#comment-374670</guid>
		<description><![CDATA[Mac sells well because it works and meets people&#039;s needs. If they did these things speculated on by the author, sales would go way down, so I don&#039;t think they&#039;d do it. 

Otherwise this could be the boost Open Source needs. 

I&#039;d actually like to see it happen, as Open Source, primarily Linux, needs a boost to reach a critical mass to incentivise  hardware manufacturers to produce the drivers that will make Linux viable for the masses.]]></description>
		<content:encoded><![CDATA[<p>Mac sells well because it works and meets people&#8217;s needs. If they did these things speculated on by the author, sales would go way down, so I don&#8217;t think they&#8217;d do it. </p>
<p>Otherwise this could be the boost Open Source needs. </p>
<p>I&#8217;d actually like to see it happen, as Open Source, primarily Linux, needs a boost to reach a critical mass to incentivise  hardware manufacturers to produce the drivers that will make Linux viable for the masses.</p>
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		<title>By: Shadowbottle</title>
		<link>http://gigaom.com/apple/opinion-psystar-ruling-could-have-set-precedent-for-upgrading-your-mac/#comment-374669</link>
		<dc:creator><![CDATA[Shadowbottle]]></dc:creator>
		<pubDate>Mon, 16 Nov 2009 21:24:22 +0000</pubDate>
		<guid isPermaLink="false">http://theappleblog.com/?p=35765#comment-374669</guid>
		<description><![CDATA[&quot;Obviously, Apple is going to vehemently fight to prevent non-licensed Apple clones,&quot;

Obviously you mean Apple is going to vehemently fight to prevent non-licensed Apple clones FROM BEING SOLD. Since to date they&#039;ve never had any issue with the OSX86 community. We&#039;ll have to wait to see how much damage Psystar has done on that front. However, you&#039;re being disingenuous by omission here.]]></description>
		<content:encoded><![CDATA[<p>&#8220;Obviously, Apple is going to vehemently fight to prevent non-licensed Apple clones,&#8221;</p>
<p>Obviously you mean Apple is going to vehemently fight to prevent non-licensed Apple clones FROM BEING SOLD. Since to date they&#8217;ve never had any issue with the OSX86 community. We&#8217;ll have to wait to see how much damage Psystar has done on that front. However, you&#8217;re being disingenuous by omission here.</p>
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