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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: Thu, 12 Feb 2009 12:41:41 -0500
User-agent: Thunderbird 2.0.0.19 (Windows/20081209)

Rjack wrote:
Hmmmm. . . "to the extent possible".
1) Limited to the extent that all copyright license are contracts.

There's also 17 USC 506:
    § 506. Criminal offenses
        (a) Criminal Infringement. —
            (1) In general. — Any person who willfully infringes a
            copyright shall be punished as provided under section
            2319 of title 18, if the infringement was committed —
                (A) for purposes of commercial advantage or private
                financial gain;

2) Limited to the extent that the viral "copyleft" principle is
   preempted by 17 USC sec. 301(a).

What does federal preemption have to do with anything?


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