Tuesday, March 25, 2014

Wants to Sell Kiosk Using Apple Computer

Dear Rich: Hi, I'm building a kiosk system that runs on an Apple computer. The main component in the kiosk system, at least as we intend it to be, is the software. We would simply like to use an Apple computer to run the software on. The computer will most-likely be housed inside the kiosk enclosure and not visible to the user. Would it be legal to sell such a system?Yes, assuming you've legitimately purchased the underlying systems, you can resell them under both patent law (under a principle known as patent exhaustion) and copyright law (under the first sale doctrine):
  • Patent exhaustion. Once a patent owner sells a product, the patent owner cannot seek further patent payments for that particular product.
  • First sale. You can also resell copies of works protected under copyright law. However, this rule may be "over-ridden" in some states where courts have held that software isn't sold; it's licensed and can only be 'resold' under the terms of an end-user license agreement.
Trademark law should not be an issue as long as you don't imply that Apple is affiliated with, supports, or endorses your endeavor.