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| From: | Hyman Rosen |
| Subject: | Re: Psystar's legal reply brief in response to Apple |
| Date: | Wed, 08 Dec 2010 15:57:32 -0000 |
| User-agent: | Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.2.7) Gecko/20100713 Thunderbird/3.1.1 |
On 8/5/2010 6:16 AM, Alexander Terekhov wrote:
But after a copy has been made under the license contract, that copy falls under 17 USC 109 (which limits exclusive distribution right of the copyright owner) and the only cause of action regarding non-compliance with the distribution requirements is a contract breach claim, not copyright infringement claim.
NO, that's false. The GPL specifies different requirements for copies made for own use and for copies made for distribution. You cannot accept the restrictions for the former, create such a copy, and then attempt to distribute it as if it were for the latter.
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