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

Reply Parent Score: 2

RE[7]: Comment by Darkmage
by tupp on Wed 3rd Dec 2008 07:29 in reply to "RE[6]: Comment by Darkmage"
tupp Member since:
2006-11-12

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.

Reply Parent Score: 5

RE[8]: Comment by Darkmage
by DrillSgt on Wed 3rd Dec 2008 15:47 in reply to "RE[7]: Comment by Darkmage"
DrillSgt Member since:
2005-12-02

"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."

In that sense you would be correct. The question is Psystar doing any modification to the copy of OS X that is installed on the machines?


"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."

I can agree here to an extent. Does anyone know for sure that they were not copying the OS and selling it? Or are we just taking Psystar's word for it?

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

The selling of the used software is not the problem. Apple is going after them for modification of it.


"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."


Re-selling and selling have the same definition. Like I indicated before, Psystar may be perfectly legit and legal. It is up to the courts to decide, not you or I. We do not have the facts in front of us. All we have is hearsay on this and other forums. Normally silence indicates guilt, and I find it funny that Psystar has remained silent.

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

In the case of a book or software, it is automatically a copy of the original work. Distribution has nothing at all to do with making the copies yourself, just that you are distributing them. If you go buy OS X at an Apple Store or best Buy, you are buying a copy of OS X, not OS X itself. Granted, you can sell that copy that you have without modification to it. The proof will be if there is any modification done to the copy of os x that is installed.

Reply Parent Score: 2