Linked by Thom Holwerda on Tue 2nd Dec 2008 22:42 UTC, submitted by anon
Legal The legal back-and-forth between Apple and clone-maker PsyStar continues to develop, with the latest news being a move by Apple - the Cupertino company has invoked something with many already predicted Apple would call upon: the DMCA, or the Digital Millenium Copyright Act. This was done in an amendment to the original suit, filed in July this year.
Permalink for comment 339016
To read all comments associated with this story, please click here.
RE[5]: Comment by Darkmage
by tupp on Wed 3rd Dec 2008 06:15 UTC in reply to "RE[4]: Comment by Darkmage"
tupp
Member since:
2006-11-12

I can sell that copy of the book, just as I can sell a copy of software. What I cannot do is re-write a chapter in the book and re-sell the book.

Yes. You can. There are tons of used books, textbooks with notes in the margins that are resold individually and legally every day.

However, you can't take your modified or unmodified copy and make multiple copies and then sell those copies.


I cannot modify a work and sell it or distribute it without getting proper permission from the author.

This is where the analogy breaks down. Psystar is not distributing copies of OSX. They are merely reselling individual, authentic, legally purchased copies of OSX.


So, the book is mine. I bought it. The software is mine, I bought it. With either of them I can sell them, rip them to shreds, use them as coasters, etc. What I cannot do is modify it and distribute it.

Reselling a single used book or a single used piece of software does not constitute "distribution."

Reply Parent Score: 6