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Re: Psystar/Apple/First sale on Groklaw

From: David Kastrup
Subject: Re: Psystar/Apple/First sale on Groklaw
Date: Wed, 14 Oct 2009 13:36:41 +0200
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.1.50 (gnu/linux)

Alexander Terekhov <> writes:

> Alan Mackenzie wrote:
>> Rjack <> wrote:
>> > Here's the point. If you are an owner of a computer program copyright,
>> > and license someone else to make a copy of your work on a physical
>> > medium that is owned by the licensee then "Notwithstanding the
>> > provisions of section 106(3)" gives the licensee (the lawful owner) of
>> > that copy of a computer program the right to dispose of that copy as
>> > long is it a transfer of ownership but not by rental, lease, or lending.
>> > It's the PHYSICAL MEDIUM and not the MESSENGER that counts!
>> Yes.  But is that transfer of ownership not still subject to the license
>> conditions?  
> LOL.
> Read 17 USC 109, silly.
> See the words 
> "is entitled, without the authority of the copyright owner"
> do you?

After acquiring a tangible copy with permission and consideration of the
copyright holder.

First sale does not pertain to material you acquired without permission.
If you acquired it with conditional permission, you need to keep the
conditions.  Otherwise, you are not in possession of a copy which you
can dispense of according to first sale.

David Kastrup

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