Re: Psystar/Apple/First sale on Groklaw

[Alexander Terekhov]

David Kastrup wrote:

[... utter crapola ...]

Facts:

(1)

http://www.copyright.gov/reports/studies/dmca/sec-104-report-vol-1.pdf

"There is no dispute that section 109 applies to works in digital 
form. Physical copies of works in a digital format, such as CDs or 
DVDs, are  subject to section 109 in the same way as physical 
copies in analog form. Similarly, a lawfully made tangible copy of 
a digitally downloaded work, such as a work downloaded to a floppy 
disk, Zip™ disk, or CD-RW, is clearly subject to section 109."

(2)

http://en.wikisource.org/wiki/United_States_Code/Title_17/Chapter_1/Section_109

(House Report No. 94-1476 (Extract))

"To come within the scope of section 109(a), a copy or phonorecord 
must have been "lawfully made under this title," though not 
necessarily with the copyright owner's authorization. For example, 
any resale of an illegally "pirated" phonorecord would be an 
infringement, but the disposition of a phonorecord legally made 
under the compulsory licensing provisions of section 115 would not."

regards,
alexander.

--
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too, whereas GNU cannot.)

P.S. Run to doctor, dak.