Showing posts with label Intellectual Property. Show all posts
Showing posts with label Intellectual Property. Show all posts

Monday, November 16, 2009

Apple v. Psystar: Apple Granted Summary Judgment in Copyright Infringement Lawsuit

Apple has prevailed in its copyright infringement lawsuit against Psystar corporation. The court granted Apple's motion for summary judgment on Nov. 13th.

Basically, Apple sued Psystar for copyright infringement because Psystar used a modified version of Apple's operating system on Psystar's line of computers called "Open Computers". Apple has three copyright registrations on its Mac OS X operating. Apple alleged that Psystar's "reproduction, modification, and distribution of Mac OS X on non-Apple computers constituted copyright infringement under the Copyright Act and a violation of the Digital Millennium Copyright Act."

Psystar's defenses were "the first-sale doctrine" and that Apple engaged in a misuse of copyright. Psystar failed to convince the court that either defense had merit.

The court granted summary judgment for copyright infringement and violation of the DMCA, but several claims still remain for trial: (1) breach of contract; (2) induced breach of contract, (3) trademark infringement; (4) trademark dilution; (5)trade dress infringement; and (6) state unfair competition under California Business and Professions Code § 17200; and (7) common law unfair competition.

Apple v. Psystar: Court Order Granting Summary Judgment

Psystar’s Response to Apple's Motion for Summary Judgment

Apple's Reply Brief in Support of Summary Judgment

Friday, October 30, 2009

Video Lectures on Intellectual Property Law

Academic Earth, named by TIME as one of the top 50 websites of 2009, collects video lectures uploaded on the web and streams them. Lectures on a variety of subjects are available from schools such as Yale, Harvard, Princeton, Berkeley, MIT and Stanford. Of particular interest are four lectures taught by MIT Prof. Keith Winstein concerning intellectual property.
"Topics covered include: structure of federal law; basics of legal research; legal citations; how to use LexisNexis®; the 1976 Copyright Act; copyright as applied to music, computers, broadcasting, and education; fair use; Napster®, Grokster®, and Peer-to-Peer file-sharing; Library Access to Music Project; The 1998 Digital Millennium Copyright Act; DVDs and encryption; software licensing; the GNU® General Public License and free software."