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To your third point, I think we're comparing apples and oranges. Apple grants an OSX license to each macbook purchaser. The equivalent example would be Microso
by henryfjordan 7y ago
To your third point, I think we're comparing apples and oranges. Apple grants an OSX license to each macbook purchaser.
The equivalent example would be Microsoft releasing WinX which is just a straight line-for-line rip-off of OSX and Apple not doing anything about it. Then when someone else starts distributing OSX and gets sued they'd say "Apple already let Microsoft devalue OSX by distributing it". The distribution might have to stop, but Apple's lawyers are going to be fighting an uphill battle for significant damages. The same would be true here for Elastic if they didn't pursue this lawsuit.
- otterley 7y agoI don't have time to do the legal research at the moment, but I haven't seen this argument used successfully in any cases to mitigate damages for a copyright infringement case. It's not like an ordinary tort where the plaintiff has such a duty. Do you have any cases to cite, or are you just guessing?
- geofft 7y agoBut in the case of Apple in particular, Apple doesn't go after every infringement. The internets are full of instructions on how to set up a Hackintosh, including how to circumvent the copy protection measure (there's a 64-byte string that's a three-line poem widely available on the internets), but that did not stop them from going after Psystar.