Apple and Psystar File Dueling Motions for Summary Judgment - Why This Case Matters

 
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Old 10-12-2009
Apple and Psystar File Dueling Motions for Summary Judgment - Why This Case Matters

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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I2M19058(1)							     GNU Info							       I2M19058(1)

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ift-extract.info - ift-extract.info Built-in iSight firmware extractor and patcher ift-extract extract the Built-in iSight firmware from Apple driver and patch it to avoid some bugs in it. The firmware is then ready to get loaded into the chip using ift-load. * Menu: Finding the Apple driver: see "Driver" Command line options: see "Options" See also "Copying" 1 Finding the Apple driver ift-extract extract Built-in iSight firmware from Apple iSight driver. This driver is located at /System/Library/Extensions/IOUSBFamily.kext/Contents/PlugIns/AppleUSBVideoSupport.kext/Contents/MacOS/AppleUSBVideoSupport on your Mac OS X root partition. There is several version of this driver depending on driver version or host architecture (PowerPC or x86). Thus, ift-extract must determine know the variant of the driver in order to properly extract the firmware. Any AppleUSBVideoSupport file starting with those shipped with iMac G5 iSight must work. If not, please report unknown AppleUSBVideoSupport at bugreport mail address with machine type and OS X version. 2 Command line options `-a' `--apple-driver' Apple driver filename where to extract the firmware. `-d' `--output-directory' The directory where to output the firmware. Defaults to /lib/firmware. `-f' `--output-filename' The output firmware name. Defaults to isight.fw `-?' `--help' Shows option help and quit. Since ift-extract defaults to output the firmware to /lib/firmware/isight.fw, ensure you have the right to do so. 3 Copying isight-firmware-tools is a project developped by A~Xtienne Bersac based on the work of Ronald S. Bultje, Johannes Berg and Ivan N. Zlatev. This manual has been written by A~Xtienne Bersac. Copyright (C) 2007 A~Xtienne Bersac <bersace@gmail.com> perl v5.14.2 2012-01-09 I2M19058(1)