Re: Copyright Misuse Doctrine in Apple v. Psystar

[Alexander Terekhov]

Hyman Rosen wrote:
[...]
> copying over networks. And when a user initiates an action from
> a browser that goes to a webserver which obtains a file from

Hugh? In the case of 

http://www2.verizon.net/micro/actiontec/actiontec.asp

the initiator of an action relevant to the copyright laws is Verizon
because the *offer* comes from Verizon. BTW, under European copyright
laws, this is called "making available". 

http://en.wikipedia.org/wiki/EU_Copyright_Directive

-----
Definition of copyright

Articles 2–4 contain a brief definition of the property rights
associated with copyright and related rights. They distinguish the
"reproduction right" (Art. 2) from the right of "communication to the
public" or "making available to the public" (Art. 3): the latter is
specifically intended to cover publication and transmission on the
internet. The two names for the right derive from the WIPO Copyright
Treaty and the WIPO Performances and Phonograms Treaty (Arts. 8 & 10
respectively).

The right of communication to the public or making available to the
public is also distinguished from the "distribution right" (Art. 4) by
the fact that it is not subject to the first-sale doctrine.
-----

regards,
alexander.

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