What's at stake in the Apple-Psystar case

20.02.2009

Baker, who has argued in front of the U.S. Supreme Court, said that even if Psystar did win, the case would be limited to a certain extent to the OS X license agreement. That means that none of Apple's other license agreements would be affected, let alone the license agreements from other companies in the industry.

That would be good news for Apple. The Mac operating system and hardware are not the only products Apple links together. Its iPod and iPhone products are tied to iTunes to update software, and to download movies, music, and television shows. However, a Psystar victory in this case wouldn't even affect the way Apple does business in the iPod division.

"Certainly, Apple has the right to say what you can do with their software, but each one of those license agreements would have to be challenged individually," said Baker.

The basis of the copyright misuse claim brought by Psystar is that Apple is extending the enforceability of the copyright beyond the protection allowed under the law by illegally tying the operating system and hardware together.

Mark Bartholomew, an associate law professor at , points out that antitrust laws and copyright misuse laws are very similar in nature, and that Alsup has already dismissed the antitrust claims.