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Apple Says Booting OS X Makes an Unauthorized Copy

recoiledsnake writes "Groklaw has an extensive look at the latest developments in the Psystar vs. Apple story. There's a nice picture illustrating the accusation by Apple that Psystar makes three unauthorized copies of OS X. The most interesting, however, is the last copy. From Apple's brief: 'Finally, every time Psystar turns on any of the Psystar computers running Mac OS X, which it does before shipping each computer, Psystar necessarily makes a separate modified copy of Mac OS X in Random Access Memory, or RAM. This is the third unlawful copy.' Psystar's response: 'Copying a computer program into RAM as a result of installing and running that program is precisely the copying that Section 117 provides does not constitute copyright infringement for an owner of a computer program. As the Ninth Circuit explained, permitting copies like this was Section 117's purpose.' Is Apple seriously arguing that installing a third party program and booting OS X results in copyright infringement due to making a derivative work and an unauthorized copy?"

9 of 865 comments (clear)

  1. Re:My brain hurts, Steve! by kimvette · · Score: 1, Flamebait

    I won't pay more for a Mac. I'd pay MUCH more for workstation-quality PC parts, with the RAID and Video controllers of MY choosing, than pay the premium of a Mac Pro. I will (and did) end up with a vastly superior hackintosh.

    Likewise for notebooks: wake me up when Apple comes out with a trackpointer+trackpad+three mouse buttons making running Linux+KDE an enjoyable experience, and also give me internal RAID like the Dell Precision M6400. Until then I am not interested at all in Apple-manufactured notebooks. They sure are pretty but are limited, and god DAMN the person who keeps the notebooks stuck with a single-button "mouse" solution, because the "virtual" mouse button solution just doesn't cut it, especially when you need a "middle" click. Oh sure, I can carry around a mouse or a trackball, but that's a hack of a solution one should not have to resort to.

    --
    The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  2. Re:My brain hurts, Steve! by Hurricane78 · · Score: 0, Flamebait

    Uuum, the Mac IS a crappy PC! Just an expensive one. I found their quality to be sub-par to what I'm used in a price range below their prices. Or in other words: They are too expensive for what they are. Also, I can't even choose what I want in there!
    I see no reason to ever buy a Mac, other than when I'm forcibly drugged to do so.

    You sound like a total fanboy. Because it's astonishing how you really believe that those products have a good quality for their price! Really really astonishing!
    I bet you never built your own system, or checked out anything without their logo.

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
  3. Re:Psystar is 100% wrong by dangitman · · Score: 0, Flamebait

    Pystar isn't wrong, just illegal

    No, Psystar is both wrong and illegal.

    --
    ... and then they built the supercollider.
  4. Re:My brain hurts, Steve! by smd75 · · Score: 1, Flamebait

    Too bad youre not legally allowed to sell a book with out its cover. Learn the law before you analogize about it. You are not buying the operating system, you are buying a license to use the operating system as laid out by a contract you sign during installation. If you do not like it, return it and get your money back. If you are aware of said restrictions on your ability to use the property of other ownership, you can voice your opinion to the company by not supporting it. Deal with it, it is the law.

    --
    Im a troll because I disagree with you.
  5. Re:Unauthoriazed Copy by Mista2 · · Score: 1, Flamebait

    Wow, I just always thought DMCA was just broken, not just completely broken.
    So does that mean that when I run a CD, the audio decoded an run in my CD player RAM is also an unauthorised copy?

  6. Re:Anyone surprised? by maharb · · Score: 0, Flamebait

    So you seriously think that once you buy a DVD you should be able to open a movie theater and screen the movie at that theater for ~$20. Ignorance is bliss. I really hope you make a movie, I cant wait to ask you to sell me a copy for $20 with no stipulations concerning what I can do with it. (I also hope it is good enough for me to do something with).

    Basically what you are saying is that an musician cannot sell a copy of their music without selling all rights because copyright should not exist. So if you sold the music you are selling all rights to that product including copying. Repeat this for all IP and even some specialized physical property.

    Under these pretenses a musician could only sell a single CD before a company starts up and sells copies of the CD for less than the musician.

    Basically your whole idea that corporations are abusing the system to manipulate people gets turned on its head and even MORE corporate abuse can occur because essentially no one owns anything, so whoever has the biggest and most powerful influence wins.

    You seem to be under the impression that we live in a Utopian society where laws, contract and stipulations are not needed because everyone 'will do the right thing'. Well guess what, that is not the case. Without copyright laws I could start selling OS X, Windows, any IP you have ever created in your life and sold, out of my bedroom today and net all the profits with no work. That hardly seems moral to me.

    I am NOT saying current copyright laws are good but I am saying that without legitimate copyright and contract law in a society it will fail miserably. Laws are related to the 'average' feeling society has for an issue so to say they are not related to morals is false. All laws are based on morals, specifically the morals of the society that created the laws.

    So I guess you are entitled to your view of right and wrong but please understand that your vision of the world would send us back to the dark ages because of the reasons stated above.

  7. iGranola by incubbus13 · · Score: 0, Flamebait

    Apple is basically the Volkswagen of computers.

    There is this pretension of counter-culture. This idea that buying a mac is an act of rebellion against the 'oppressive overlords'. That Macs are 'more green' and 'more consumer friendly' and in general, Apple has done a good job of seamlessly integrating the organic/recycling/conservationist creedo into their advertising campaigns.

    You see this same thing in SUV ads. Green earth and blue skies, and scenic natural wonders. They co-opt recycling visual cues to associate one of the worst offenders with 'naturalness'.

    The truth is, Apple had a monopoly on academic institutions in the 1980s. They were beating the pants off IBM in those days, at least in the home/school markets. Businesses were still using IBMs, but everything at home and at school, from kindergarten to college, was Apple. The ][e was ubiquitous in middle and high schools all over the country.

    IBM has never exactly been 'young and hungry', they've always been 'blue chip', but...they were definitely younger and hungrier then.

    My point, really is, I think it is okay if you prefer Macs. That's fine. But the average end-user for a mac is not much different than the average end-user for a PC. Except, the PC end users don't have ignorant, sanctimonious discussions with you about how their product is better and how they bought it to not support a Big Evil Corporation. While completely ignoring that Apple is no different than Microsoft. They're equally interested in a monopoly, they're equally interested in their bottom line, to the detriment of the consumer/end-user. They're just worse at it. They're not as skilled monopolists and evil overlords. But please people. An incompetent, bumbling, drunken [generic evil person] is no less evil than one who is competent.

    Hopefully, though, if Apple keeps doing things that don't really help their bottom line all that much, but do manage to sabotage their carefully cultivated public image, like this, I won't have to have this conversation with Mac-Afficionado/Soccer-Daddy man anymore.

    K.

  8. Re:They might lose by Daengbo · · Score: 0, Flamebait

    Microsoft had gross profits of 46+ billion USD, while Apple had 13+. Thirty-three billion dollars (the difference) is a lot of money. In fact, it's damn close to _all_ of Apple's revenue.

    I'm sure Apple wouldn't mind a piece of that.

  9. Re:No, Steve is right and you prove it! by Khyber · · Score: 0, Flamebait

    "Not to mention the 24" iMac graphics cards are not all that bad, AND can be upgraded to a gaming level card at purchase time."

    AT FUCKING PURCHASE TIME. What about two years down the road when a game comes out that won't run on that card. Do you expect me to magically go back in time to CHANGE MY FUCKING ORDER FOR HARDWARE THAT DOESN'T EXIST YET?

    You're the moron. Such faulty logic, such little knowledge about computers in general, and you lack the ability to think about the future.

    You sound like the perfect Apple customer!

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.