Copyright Law | Expert Legal Commentary
November 18, 2011
Apple v. Psystar: Ninth Circuit Upholds Validity of Software Licensing Agreements against Copyright Misuse Defense
Apple, Inc., v. Psystar, Corp.
By
Ryan Smith and Thomas F. Zuber of Zuber & Taillieu
The Ninth Circuit recently upheld the validity of conditional software licenses which avoid the pitfalls of the first sale doctrine. In Apple, Inc., v. Psystar, Corp., No. 10-15113, 2011 U.S. App. WL 4470623, (9th Cir. Sept. 28, 2011), the Ninth Circuit upheld a permanent injunction against Psystar due to its infringement of Apple’s copyrighted software. Psystar asserted copyright misuse defense against Apple. However, the Court found that Apple’s valid software licensing agreement did not prevent Psystar from making competing products, and thus was not a misuse of copyright.
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About the Authors
Ryan Smith is a Partner of Zuber & Taillieu, focusing on entertainment law.
Thomas F. Zuber is a Partner of Zuber & Taillieu, focusing on intellectual property protection and exploitation.
Image Credit: ©iStockphoto.com/alexsl
