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From: | Hyman Rosen |
Subject: | Re: Psystar's legal reply brief in response to Apple |
Date: | Wed, 08 Dec 2010 15:57:22 -0000 |
User-agent: | Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.2.7) Gecko/20100713 Thunderbird/3.1.1 |
On 8/4/2010 3:02 PM, Alexander Terekhov wrote:
Once a copy is made under the GPL, it falls under "first sale" on the only cause of action is the contract breach, not copyright infringement.
That's false, of course. The GPL distinguishes between copies made for own use and copies made for distribution, and permission for one does not give permission for the other. The situation is similar to recording broadcast programs for time shifting. It is legal to record a show and watch it later. It is not legal to set up a battery of recorders to record a show and then sell those copies. The law does not have difficulty distinguishing identical objects based on their differing histories.
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