Re: Copyright Misuse Doctrine in Apple v. Psystar

[Hyman Rosen]

Rjack wrote:
> Hmmmm. . . "to the extent possible".

Here's an interesting case:
<http://cyberlaw.stanford.edu/packets/200703/court-upholds-copyright-infringement-and-unauthorized-access-claims-wh>
    Court Upholds Copyright Infringement and Unauthorized Access Claims
    Where A Single User License Was Shared By Multiple People

The incorrect claims made by opponents of the GPL often center
around assuming that once license has been granted to make copies,
it is somehow not infringement when terms of the license are not
honored. We see from this case that the court considers it a
violation of copyright when a license meant for one user is shared
by many, even though the one user would have the rights granted to
him by the license.

And this case:
<http://cyberlaw.stanford.edu/packets/200703/district-court-finds-plaintiff-satisfies-case-or-controversy-requireme>
    The Court disagreed, stating that a claim of copyright misuse
    merely requires “a nexus between the copyright holder’s actions
    and the public policy embedded in the grant of a copyright.” In
    applying this standard, the Court found that Plaintiff’s scholarly
    work embodied the type of creativity that copyright laws exist to
    facilitate.

Courts are quite capable of looking at an overall situation and
noticing who is acting properly and who is not.