Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourtof Appeals

[Hyman Rosen]

On 12/21/2010 10:45 AM, Alexander Terekhov wrote:
> Copyleft doesn't forbid creation of derivative works.

You miss the point. The court has said that some violations
of the terms of service are copyright violation, and some
are not. The difference lies in whether the violating action
is an infringement of the copyright holder's exclusive rights
under the Copyright Act or not.

> 17 USC 109

The GPL allows copying and distribution only under its terms, and
distinguishes between copies for personal use and distribution.
It is a violation of copyright to distribute the former as the
latter, and the first sale doctrine is not relevant to this - the
infringing copy was not "lawfully made under this title".