-=PCTechTalk=- Re: Apple Clone?
- From: "Larry Southerland"<larrysoutherland@xxxxxxxxxxxxx>
- To: pctechtalk@xxxxxxxxxxxxx
- Date: Thu, 17 Apr 2008 00:00:41 -0400
A more-detailed summary of the Apple v. Franklin Case:
http://www.answers.com/topic/apple-computer-inc-v-franklin-computer-corp?cat
=technology
(Haven't installed TinyURL yet)
-----Original Message-----
From: pctechtalk-bounce@xxxxxxxxxxxxx
[mailto:pctechtalk-bounce@xxxxxxxxxxxxx] On Behalf Of Larry Southerland
Sent: Wednesday, April 16, 2008 11:15 PM
To: pctechtalk@xxxxxxxxxxxxx
Subject: -=PCTechTalk=- Re: Apple Clone?
Analogical reasoning is one of the hallmarks of legal thought and the
analogy that "Robert" at PsyStar used (comparing computer systems to
automobiles) is patently flawed: one generally purchases an automobile,
while one is merely granted a non-exclusive license to use an operating
system and therein lies the crucial difference. If I own a home, I can,
within reason, decorate the interior or exterior of the house as I see fit.
If, on the other hand, I am either a guest in the house or merely lease the
house, I can agree (by contract) not to decorate the house to my particular
tastes. If PsyStar is installing copies at the behest of purchasers of
their hardware, under these circumstances, then they would guilty of
tortuous interference with contractual relations and/or (contributory)
copyright infringement.
The other analogy that comes to mind is the famous Apple v. Franklin
Computing Company litigation from the 1980s. Franklin was finally forced to
admit that it had "cloned" (e.g., ripped off) the BIOS of the Apple II
computers and then attempted to defend on the basis that "that was the only
way that they could get their computers to boot Apple's DOS." Needless to
say, this argument was "unavailing." (The irony in that case was that the
"cloned" the BIOS exactly, including the embedded names of the Apple
Programmers, which was the "smoking gun" which did Franklin in.)
Please understand that I do not necessarily support overly-inclusive and
overly-restrictive EULAs. However, our country's jurisprudence favors
"freedom to contract" when such contracts are not against public policy or
illegal. I think that PsyStar will ultimately lose any court battle.
-----Original Message-----
From: pctechtalk-bounce@xxxxxxxxxxxxx
[mailto:pctechtalk-bounce@xxxxxxxxxxxxx] On Behalf Of dsw32952
Sent: Wednesday, April 16, 2008 10:41 PM
To: pctechtalk@xxxxxxxxxxxxx
Subject: -=PCTechTalk=- Apple Clone?
IIRC someone tried to clone Apples a long time ago. Now someone else is
doing it again.
Here is the story:
http://tinyurl.com/4vxx3q
Here is the computer:
http://tinyurl.com/69wwc5
(Thank you Kim Komando)
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