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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?"

4 of 865 comments (clear)

  1. Re:Unauthoriazed Copy by dontmakemethink · · Score: 5, Funny

    Careful, you just made an unauthorized copy of a registered trademark on my monitor!

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    War as we knew it was obsolete
    Nothing could beat complete denial
    - Emily Haines
  2. Re:Unauthoriazed Copy by IgnoramusMaximus · · Score: 5, Funny

    I think what they are saying is that everytime you run an unauthorized copy of a program, you infringe its copyright.

    This, in fact, is the logical consequence of the absurdity that is "copyright". Ultimately, when you look at something, the photons bouncing off its surface (a copy) enter your retinas whereby they trigger electro-chemical impulses (a copy) in your receptor cells and travel down axons to other cells (a copy) and end up bouncing around your brain (multiple copies).

    As one can easily see, the argument of "unauthorized copies" in any medium, once precedents are established (as they already apparently are), must logically lead to convictions for "unauthorized copies" in your mind (also known as "illegal thoughts"). Otherwise some "copies" are unequal to others based on arbitrary rules pulled out of some law-monkey's ass.

    This will become even more apparent once technology advances to the point where computer/brain integration will become feasible and deployed on a large scale in form of mind-enhancing implants, thus blurring the distinction between a "copy" in one's brain or one's implants.

    Copyrights (as all so-called "Intellectual Property") are illogical, nonsensical make-believe results of greed overpowering common sense and as the time goes on and technology progresses, their utterly moronic nature will only become more and more odiously apparent.

  3. Re:My brain hurts, Steve! by Vexorian · · Score: 4, Funny

    Yay! Analogy time! I made the keyboard you are using right now, I invested my $$$ making it, and regardless of whether you paid it or not, I am going to forbid you from using it to type your pro apple opinion, if you do, I won't just get mad at you and promise not to sell you a keyboard again, but I will send you to hail for copyrite infrigement!11

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    Copyright infringement is "piracy" in the same way DRM is "consumer rape"
  4. Re:that was over a app with online play and pay to by Dishevel · · Score: 4, Funny

    that was over a app with online play and pay to play a OS is a buy one time per system and you don't pay per mouth to use it as well.

    I vote for worst use of the English language ever?

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    Why is it so hard to only have politicians for a few years, then have them go away?