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Re: PJ lies about Terekhov--again


From: Alan Mackenzie
Subject: Re: PJ lies about Terekhov--again
Date: Tue, 17 Nov 2009 08:21:26 +0000 (UTC)
User-agent: tin/1.6.2-20030910 ("Pabbay") (UNIX) (FreeBSD/4.11-RELEASE (i386))

My dear Mr. Rjack,

please note:

In gnu.misc.discuss Rjack <address@hidden> wrote:
> Alan Mackenzie wrote:

The following paragraph, originally cited by you, is talking about
copying source code.  Note:  SOURCE CODE.  

>>> "1. You may copy and distribute verbatim copies of the Program's 
>>> source code as you receive it, in any medium, provided that you 
>>> conspicuously and appropriately publish on each copy an
>>> appropriate copyright notice and disclaimer of warranty; keep
>>> intact all the notices that refer to this License and to the
>>> absence of any warranty; and give any other recipients of the
>>> Program a copy of this License along with the Program."

>> Er, what's that got to do with anything?  Who's talking about
>> source code?  The topic was Groklaw's reporting of Psystar's court
>> loss, concerning its distribution of Apple's OS in violation of
>> copyright.

> Before asking such nonsense questions, try reading the title of this
> thread and one of the quotes objected to.

The title of this thread has, at best, a tenuous connection with that
paragraph you cited.  Would you please read that paragraph again.

Now, the following paragraph, again cited by you, has nothing to do with
source code.  It is talking about "owning a copy" of an Apple operating
system, that copy being essentially 100% machine executable code.  There
is no source code concerned here.

> "Even if Psystar were the lawful owner of the copy, it still can't do
> what it did. The court quotes from Microsoft Corp. v. Software
> Wholesale Club, Inc.: "the first-sale doctrine does not apply to an
> admittedly counterfeit unit". So, no, you can't buy a copy and use it
> to go into a counterfeiting business, in effect. Terekhov's theory has
> bitten the dust and then had to eat some. Just like Daniel Wallace's
> anti-GPL theory did. Whoever is relying on their legal theories might
> want to buy a vowel and try to figure this puzzle out."
> http://www.groklaw.net/article.php?story=20091114101637997

> If you still have to ask such silly questions then you don't belong
> here. Try Groklaw instead.

Please do try to pay attention to what you cite.

> Sincerely,
> Rjack

Thanks,

-- 
Alan Mackenzie (Nuremberg, Germany).



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