Both Apple and Psystar have filed motions for summary judgment. I get the sense that both would like to wrap up the California litigation, and move on to Snow Leopard in Florida, Psystar especially, obviously. Both argue the first-sale doctrine issues. Before we get to the filings, I want to show you why I think this case, and other first-sale cases like Vernor v. Autodesk, matter to FOSS, and why I hope the Autodesk ruling [PDF] is appealed and overturned.
Psystar, in its motion, mentions the Declaration of Raymond Nimmer [PDF] filed in support of Autodesk and against Vernor in that recent case. By all means read it in its entirety, but let me show you why this case and the Autodesk ruling is, in my view, poison for FOSS. Mr. Nimmer absolutely understands it.

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