The "Death Penalty"...
Posted Mar 26, 2012 21:28 UTC (Mon) by khim
In reply to: The "Death Penalty"...
Parent article: Enforcing the GPL with Judo moves (The H)
What you're missing here is that the courts would simply ban the import of the infringing firmware.
What infringing firmware? If your insane theory is correct then it's perfectly legal firmware. Chinese guys only need to deliver sources to US company which it turn does not need any license at all (and can just throw delivered sources away without checking that they actually contain anything related to the firmware blob).
And even if they didn't do so, there would be no need for the US company to invoke §117 — instead, they'd just outsource the manufacturing of the firmware-containing device to China. (They're probably already doing that anyway.)
Right. But now they receive firmware which violates someone's copyright. With this twist they will have perfectly legal firmware.
Also, in order for the US company to do what you're describing, they would need to invoke more than just §117, but also the "first sale" right (that is, the right to resell the "original copy" of the firmware they received from the Chinese supplier). Is there actually any legal precedent yet as to whether "first sale" rights apply to downloaded software?
Why wouldn't they? Psystar went down in flames not because it resold MacOS, but because it violated it's license which expressly forbid installation on non-Apple hardware. GPL does not have any such restrictions.
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