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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Psystar and first sale | 871 comments | Create New Account

Comments belong to whoever posts them. Please notify us of inappropriate comments.

Psystar and first sale

Authored by: greed on Monday, August 27 2012 @ 12:01 PM EDT

The right to produce a derived work is one that remains with the copyright
holder. First sale doesn't enter in to it.

So there is no mechanism that would allow them to distribute a modified copy of
OS X. They would need a license from Apple.

The best they could do is to ship a "patch kit" that modifies an OS X
retail DVD. Then they could include the still-shrink-wrapped retail DVDs, or
just let people get their own at the Apple Store. It's not like Apple would be
giving them a bulk reseller discount, after all. (They weren't even getting
wholesale, if I recall--they were buying at retail.)

And the DMCA is written to make selling such patch kits illegal in the U.S.

[ Reply to This | Parent | # ]

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