Last week in my Open for Business blog, I bemoaned the fact that SCO Group just won't die and is refusing to let go of its intellectual property litigation against Novell and other Linux distributors. This week, the "Give it up, already!" theme continues.
Florida-based Psystar, which notoriously began selling Mac clones last year, has again amended its lawsuit against Apple. The first claim centered around antitrust violations, but the judge rejected that argument and gave the company a chance to try again. Psystar then added copyright abuse claims, and is now adding an argument based on the "first sale doctrine."
Citing Computerworld, CNET News' Tom Krazit says:
[Psystar] plans to argue that since [it] legally purchased its copies of Mac OS X from Apple and resellers, it has the right to do basically whatever it wants with that software.
However, as Krazit also points out, the first sale doctrine is rarely, if ever, applied to software because it is not sold to customers. It is licensed.
As much as I like to root for the underdog when smaller companies have the guts to clash with big ones, they need to make sure their cases are solid before they do. I'm not sure Psystar's is going to go anywhere. The company would be wise to learn from the SCO situation and let go while it can.