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Re: Psystar/Apple/First sale on Groklaw

From: Alan Mackenzie
Subject: Re: Psystar/Apple/First sale on Groklaw
Date: Wed, 14 Oct 2009 11:45:27 +0000 (UTC)
User-agent: tin/1.6.2-20030910 ("Pabbay") (UNIX) (FreeBSD/4.11-RELEASE (i386))

Alexander Terekhov <> wrote:

> 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?

> What does it mean ...., Alan?

It means what is says: that the legitimate owner of a copy of software
may sell it without having to ask the copyright holder for permission.

It doesn't say that the seller may violate the terms of the governing
licence in the act of selling it.

> regards,
> alexander.

Alan Mackenzie (Nuremberg, Germany).

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