Psystar Say We Bought OS X. We Do What We Want.
In the latest update in the Psystar vs. Apple case
Psystar arguing something new. The previously have used an antitrust argument among other things and so far none of them have worked out in Psystar's favor.
Now Psystar is claiming that under the first-sale doctrine
since they legally bought copies of OS X that they have the right to do whatever they want with it including putting it on hardware not sold by Apple. Snippits of Psystar's latest filing:
"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."
The bad news for Psystar according to the folks at cnet
is that previously courts usually don't agree that the first-sale doctrine applies to software except in some case involving Adobe. Of course Adobe is Adobe. Psystar is Psystar. Whole different playing fields there.