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Re: PJ lies about Terekhov--again
From: |
Alexander Terekhov |
Subject: |
Re: PJ lies about Terekhov--again |
Date: |
Mon, 16 Nov 2009 12:35:24 +0100 |
Rjack wrote:
[...]
> http://www.groklaw.net/article.php?story=20091114101637997
I think that Judge Alsup drunktardly erred by failing to apply
17 USC 117/109 in Psystar case.
The crux of his opinion is this:
"Psystar waived any Section 117 essential step defense when it
failed to plead it. ... As such, Psystar has waived the defense.
At all events, the assertion of Section 117 is so frivolous in
the true context of how Psystar has used Mac OS X that a belated
attempt to amend the pleadings would not be excused.2
2 Trying to have it both ways, Psystar successfully opposed
Apples earlier attempt to reopen discovery and extend deadlines
to add an additional product Snow Leopard to this action.
Psystar now seeks to add a very late affirmative defense. This
would not be fair."
And thus Psystar must be guilty of copyright infringement in
spite of the governing Ninth Circuit's precedent clearly stating
that "Section 117 defines a narrow category of copying that is
lawful per se" and "Section 107, by contrast, establishes a
defense to an otherwise valid claim of copyright infringement."
Sega Enters. v. Accolade, Inc., 977 F.2d 1510, 1521 (9th Cir.
1992).
BTW, regarding distribution right Judge Alsup contended:
"Psystar made an unauthorized copy of Mac OS X from a Mac mini
that was placed onto an imaging station and then used a master
copy to make many more unauthorized copies that were installed
on individual Psystar computers. The first-sale defense does not
apply to those unauthorized copies."
Uh drunktard...
The distribution of additional (installation copies) is explicitly
covered by 117.
>From
http://digital-law-online.info/CONTU/contu6.html
"This is in accord with the intent of that portion of the law
which provides that owners of authorized copies of a copyrighted
work may sell those copies without leave of the copyright
proprietor.50
50 17 U.S.C. § 109(a)."
regards,
alexander.
--
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)
Re: PJ lies about Terekhov--again,
Alexander Terekhov <=
- Re: PJ lies about Terekhov--again, Hyman Rosen, 2009/11/16
- Re: PJ lies about Terekhov--again, Alexander Terekhov, 2009/11/16
- Re: PJ lies about Terekhov--again, Hyman Rosen, 2009/11/16
- Re: PJ lies about Terekhov--again, Alexander Terekhov, 2009/11/16
- Re: PJ lies about Terekhov--again, Hyman Rosen, 2009/11/16
- Re: PJ lies about Terekhov--again, Alexander Terekhov, 2009/11/16
- Re: PJ lies about Terekhov--again, Hyman Rosen, 2009/11/16
- Re: PJ lies about Terekhov--again, David Kastrup, 2009/11/16
- Re: PJ lies about Terekhov--again, Hyman Rosen, 2009/11/16
Re: PJ lies about Terekhov--again, Alan Mackenzie, 2009/11/16