Psystar Tells Court, “We bought the software!”

Psystar has raised another desperate, if novel claim in its ongoing legal battle with Apple, arguing before a federal judge that since the Mac clone-maker legally purchased its copies of Mac OS X from Apple and resellers, it has the right to do basically whatever it wants with that software under the first-sale doctrine.

In court filings described by Computerworld, Psystar told the court: “Once a copyright owner consents to the sale of particular copies of a work, the owner may not thereafter exercise distribution rights with respect to those copies. See, e.g., Bobbs-Merrill Co. v. Straus, 210 U.S. 339, 350-51 (1908) (recognizing more than 100 years ago the concept of first sale and the limitations imposed upon a copyright owner in light thereof). Psystar acquired lawful copies of the Mac OS from Apple; those copies were lawfully acquired from authorized distributors including some directly from Apple; Psystar paid good and valuable consideration for those copies; Psystar disposed of those lawfully acquired copies to third-parties.”

Unfortunately for Psystar, courts have rarely held the first sale doctrine applies to software, considering it a product that is licensed, not sold, and can therefore be distributed with restrictions on further distribution. Psystar’s thin hopes likely hang on the precedent of a case involving Adobe, in which a court upheld the first sale doctrine’s application to software.

Via Cnet

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