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Re: Copyright Misuse Doctrine in Apple v. Psystar

From: Hyman Rosen
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Tue, 24 Feb 2009 18:27:02 -0500
User-agent: Thunderbird (Windows/20081209)

Rjack wrote:
Huh? What the hell does your cited case have to 17 USC 301(a)?

Nothing at all, since federal preemption of copyright has absolutely
nothing to do with the GPL. The cited case demonstrates that even
though there was a contract between the rights holder and the user,
when the user violated the contract, the court allowed a claim for
copyright violation, not just breach of contract. This is contrary
to the claims made by GPL doubters, who often incorrectly state that
when the GPL is not honored it is not copyright violation but just a
breach of contract. (And then go off into further error.)

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