Here's the thing though: a big part of Apple's case (but not all of it) is based around the fact that consumers license OS X under the terms of the EULA - and courts are basically up in the air over whether the first sale doctrine should apply to software transactions. That's the first sale doctrine, if you're into copyright law - it states that the purchaser of copyrighted materials (like a book) can sell or dispose of them however they want. ![]() ![]() ![]() So it looks like wannabe cloner Psystar's supposedly hotshot law firm of Carr and Ferrell regrouped for a deep think after pumping out some fairly weak arguments in its case against Apple - according to a new draft of Psystar's countersuit, the Florida-based computer reseller should be allowed to sell whitebox Mac OS X machines because it legally purchased copies of Leopard at retail.
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