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Apple's Reply in Support of its Motion to Dismiss or Enjoin, as text, and a Leopard/Snow Leopard EULA Chart

By Pamela Jones et al.

Here's Apple's Reply Brief in Support of Apple, Inc.'s Motion to Dismiss or Enjoin Prosecution of the Recently-Filed Florida Action and to Re-Open Discovery for Limited Purposes [PDF], as text. About the first sale doctrine, Apple quotes from a case, Wall Data v. Los Angeles County Sheriff's Dept. , which states, "(T)he first sale doctrine rarely applies in the software world because software is rarely 'sold.'"

We also have a handy chart a volunteer did for us, showing the differences between the EULA for Leopard and the EULA for Snow Leopard, one of the issues Psystar raised being that the differences warrant a different litigation in Florida. As you will see, Apple points out that the parts that are the same are greater than the changes made.

Full post as published by Groklaw on September 24, 2009 (boomark / email).