Well, IANAL, so everything here is just my view.
To my knowledge, the
unmodified OSX does not allow
installing on foreign hardware, so the
modification needs to
precede installation. If they had bought, modified,
installed and sold each copy separately, they could at least
have a claim
under the first sale doctrine. Since the copy
would be a modified one, this
would likely still be a
copyright violation but at least they'd be able to
argue
about it.
Bying one copy, modifying it and then installing and
selling copies of that is, well, something else...
Let's say I produce a
direct-to-DVD Bollywood production
"Hare Pottr and the Deathly Hallows" and
sell the DVDs.
Assuming the story follows the obvious original to the same
degree the name does, this would be a copyright violation
whether or not I
purchase a trade paperback of the original
story for each copy sold.
The fact that the DVDs are pressed from a single master
instead of acting out
and recording each paperback
separately is a bit more than a matter of
convenience, and
IMHO in either case the sale of the DVD would be difficult
to
justify as a resale of the paperback under the first sale
doctrine.
JK
Finn [ Reply to This | Parent | # ]
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