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
Lonnie Lazar is a writer-musician-web designer-attorney. He writes about Apple for Cult of Mac and Mac|Life, and about VoIP and telecommunications for Voxilla. Follow Lonnie on Twitter @LonnieLazar, join the Cult of Mac on Facebook, and find Lonnie’s photos on Flickr.
