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[7]: Comment by Darkmage
by tupp on Wed 3rd Dec 2008 07:29 UTC in reply to "RE[6]: Comment by Darkmage"
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Notes in the margins does not constitute re-writing a chapter of the book.

Writing in a printed book is modifying that book. If I cross out a paragraph in a book and rewrite that paragraph in the white space of the book so that it is a completely different paragraph, I can legally resell that single book. I own that book -- I can modify it and then resell that individual copy. Nothing illegal there.

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.

Nope. As I and others have mentioned a zillion times in this and other forums, Psystar is legally purchasing individual copies and then reselling those copies, individually. They are not making multiple copies of one original and then distributing those copies -- that would violate copyright law.

There is nothing illegal about reselling legally purchased copies of software. Used software is legally bought and sold all the time.

Psystar has sold multiple copies of OS X, or have they only sold one machine along with the software?

Again, nope. It is important to be specific.

Psystar has re-sold individual copies of OSX. There is nothing illegal about reselling copies of software on an individual basis. It doesn't matter if a company resells one copy individually or one billion copies individually. Such "re-sales" are completely legal, and the software maker can not have any say in such transactions.

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.

The term "distribution" in copyright cases usually refers to making and selling multiple copies of one original.

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