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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?"

2 of 865 comments (clear)

  1. Re:My brain hurts, Steve! by Shadow+of+Eternity · · Score: 1, Offtopic

    Apple quality? Last time I was inside an apple they were still using leaky electrolytic caps and even worse hardware than low end PCs.

    --
    A bullet may have your name on it but splash damage is addressed "To whom it may concern."
  2. Re:My brain hurts, Steve! by Daengbo · · Score: 1, Offtopic

    and, yes, even Linux are licensed to you, with restrictions.

    If you are talking about the GPL, you are not bound by it unless you distribute. Repeat: you are not bound by a license as a Linux user.

    Activities other than copying, distribution and modification are not covered by this License; they are outside its scope.