Apple Inc.'s distribution of its Mac OS X software was under a license, rather than as a sale, and it did not misuse its copyright when it prohibited the installation of licensed software on non-Apple computers, the U.S. Court of Appeals for the Ninth Circuit held Sept. 28 (Apple Inc. v. Psystar Corp., 9th Cir., 10-15113, 9/28/11).
Judge Mary M. Schroeder, writing for the court, recognized broad leeway for software developers to restrict the uses of their copyrighted works by distributing them under a license rather than selling individual copies.
“It is this distinction between sales and licenses ...
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