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.
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RE[6]: Comment by Darkmage
by DrillSgt on Wed 3rd Dec 2008 06:32 UTC in reply to "RE[5]: Comment by Darkmage"
DrillSgt
Member since:
2005-12-02

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

Notes in the margins does not constitute re-writing a chapter of the book. Completely different from what I stated.

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

Agreed 100%


"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."

Actually no. They are selling multiple copies of OS X, not a single copy. They are selling a copy with each machine they sell are they not? That is called distribution.


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

Psystar has sold multiple copies of OS X, or have they only sold one machine along with the software? I am betting they have sold much more than a "single" copy, which would be a total of 1. As well, distribution by definition is the delivery or giving out of an item or items to the intended recipients. So yes, even a single item can be considered distribution by definition.

Anyway, I am just watching to see what the courts decide.

Edited 2008-12-03 06:33 UTC

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