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Re: Psystar/Apple/First sale on Groklaw


From: John Hasler
Subject: Re: Psystar/Apple/First sale on Groklaw
Date: Wed, 14 Oct 2009 08:12:04 -0500
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.1 (gnu/linux)

David Kastrup writes:
> "lawfully made" is not something that sticks and covers all in
> perpetuity.  If I have a contract with a reseller about royalties per
> copy, he is selling lawfully made copies.  If the reseller decides,
> after selling the copies, not to actually pay any royalties and
> disappears, the copies become illegitimate copies _after_ the fact and
> are subject to confiscation.

Not under US law.  You can confiscate only unsold copies.  The sold
copies were made and sold with your permission.  The fact that the guy
never paid you is between you and him.  The buyers of the copies
purchased them in good faith and own them free and clear.

> In a similar vein, creating copies according to the permissions given
> by the GPL does not mean that I am free to ignore the GPL after
> creating the copies.

I don't see the similarity.  As soon as you made a copy you became a GPL
licensee and subject to the terms of the GPL.
-- 
John Hasler 
address@hidden
Dancing Horse Hill
Elmwood, WI USA


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