“Ah, Judge Alsup found that in some instances Psystar was doing just exactly this and claiming “fair use,”
Then, if they were doing THAT, fine. Fine them.
That wasn’t the primary complaint from Apple.
“Licenses are not sales and are not subject to “first sale” restrictions. “
They are sales and they should be. Software should be treated no differently than books.
The JUDGE and the LAW disagree with YOU. The CONTRACT you agree to when you INSTALL your software also disagrees with you. READ IT. YOU LOSE THIS ARGUMENT. You bought a license to use someone else's property. YOU OWN PERMISSION TO USE IT. Nothing else. Be glad you have that permission.
Software is NOT a book... it is a digital expression of an idea, easily copied. A book is something that is tangible and not so easily copied (unless it has been transferred to software)... You think that because software was not thought of when the Constitution was written that we cannot make reasonable accommodation in the law for protecting it and other easily reproducible expressions of art so as to allow their creators to be rewarded suitably for their work? Or should anyone be allowed to merely copy it to their hearts content and give it away.
I'll tell you where I come from on this. I have a good friend who in the 1970s wrote a program for the Apple II. It was a classroom management application that eventually became the gold standard for grade management and attendance record keeping in elementary and secondary schools for over a decade in public schools in the United States. He copyrighted his work. He drew out his life savings and formed a company, wrote and printed a manual on how to use the software, and published his software on floppy disks. He put his software on the market for teachers and schools to buy and use. His price was a mere $79 for software and manual, with volume discounts for district purchases. He was acclaimed for his achievement in School districts, PTAs, and teachers unions everywhere for his work. Eventually, thousands of copies were in use in classrooms around the country. He sold fewer than 100 copies. Someone broke his protection and started handing out copies willy nilly... One of the major Teacher Unions published its own version. Many of them, adding insult to injury, still included his copyrights claims. Various versions were even published in magazines... free to be typed by hand and even contained bits of code my friend had included as identifiers of his work. My friend went bankrupt and never wrote another bit of code in his life.
I have been a professional musician. I've had my music stolen. I have also been a professional writer. I've had my writing stolen, and published, even though copyright by me, with someone else's name on it. Don't tell me about copyrights. I have ghost written articles and books... and when I do, I sell the rights to those articles and books to the person who hired me to write them. I do not retain any rights of copyright to them. THEY OWN the COPYRIGHT. If I write something for my employer, I do not own the copyright, my employer owns it, unless I have a contract with my employer that explicitly allows me to retain my copyrights... that's very rare.