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Re: Psystar's legal reply brief in response to Apple

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: 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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