Comment Re:Use != Sale (Score 2, Informative) 640
You missed the next section 117(b) which prohibits the transfer of such modifications without the permission of the copyright owner as noted in this post.
The simple truth is that Psystar DID have to use an image method to perform the installs, and so this should be considered a minimum necessary step towards exercising First Sale rights to do as you like with something you've purchased; but I do agree that they should have been required to use an image based on the same version of OSX that would appear in the box. First Sale law permits you to modify things you've purchased. If I am not permitted to modify Apple software, then arguably I can't even use it. And if I'm not permitted to use images to deploy OSX, then I'm certainly not even going to consider using it in the enterprise. If Psystar isn't allowed to use a custom image, then I must assume I'm not allowed to either.
Good points and I totally agree with your points on the validity of the First Sale law and it's necessity. However, you're missing a crucial point. Pystar not only modified OSX, (as is allowed for personal use), but it sold this modified derivative product, which is not protected by the First Sale law. You can use a modified product, but you can't sell. That's why Pystar lost, and lost big. I personally think that these and other copyright restrictions are too strict, but it is pretty clear in this case (summary judgement and all that) that Pystar broke it.
By that same logic, the iTunes store should have been crushed by rivals (amazon, walmart, emusic et al) in 2007. Guess what? Didn't happen that way. I think that android will gain marketshare, but most of it will be from Symbian and WinCE Mobile (or whatever they're calling it this year). Apple will also gain market share at an equal or greater pace, fueled by the advantage of the app store. Focused competition will beat apple (remember Palm vs Newton?), but unfocused, dispersed competition is going to have a hard time beating Apple at their own game.
2) The reason you didn't get it right is because you're a crappy engineer, not because it "doesn't fit together that well".
3) Wiring without the tape-stabilizers can easily come loose due to jarring due to use and expansion/contraction due to temperature changes. It looks cheap to morons but costs a shitload more to tape all that stuff down.
4) "clearly built for cost" and "not well engineered"? Anything more substantial than your say so?
5) The "wiring overall inside is cheaply done". Again, you know this because?
6) Wow. Your point being?
The HP is engineered to be as cheap to manufacture as possible. The MacBook Pro was engineered for many parameters, but it obviously was not engineered for the lowest cost.
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