Re: Psystar's legal reply brief in response to Apple

[RJack]

On 8/3/2010 10:46 AM, Hyman Rosen wrote:
> On 8/3/2010 10:07 AM, RJack wrote:
> > An exclusive right to distribute a derivative work "as a whole" is
> > nowhere mentioned in the Copyright Act.
>
> The copyright act grants the holder of a copyright the exclusive
> right to permit how a work may be copied. This includes being copied
> as part of a larger work.

The exclusive right to copy and distribute is a *necessary* but not a
*sufficient* condition to control distribution of a derivative work of
two authors. The fact that you don't understand this difference is
glaringly obvious.

> The GPL permits a work to be copied as part of a larger work only if
> that work as a whole is distributed under the GPL.

Which, of course, is the result of a *contractual* agreement between a
preexisting author and a modifying author who are in contractual privity.

As I said, an exclusive right to distribute a derivative work "as a
whole" does not exist in the Copyright Act.

Sincerely,
RJack :)