My intent for my new software that I am writing, is that white people do not use it. Seriously, this is not a troll (it is not really my intent), but you must realize that is a dangerous mindset.
The authors intent of use terminates at first sale, if you buy a painting from me, I cannot tell you that it can only be framed in a gold frame. I can make it a stipulation of sale and make you provide a gold frame before purchase but if you transfer it to a walnut frame after sale, I have no rights to enforce. Now if you start making prints of my painting then you have violated my copyright which does not transfer. if that nuance changes then the business tactics of the Apples and Sonys will get measurably worse.
On a more realistic note what if Apple decides that their offerings caters to the 175+ IQ group and decides that they will only sell to those individuals, any secondary sale by a different entity to a non 175+ individual would violate their rights and their intentions.
I'll point out the obvious - PsyStar was making duplicates of Apple's software and reselling it.
There is a difference between restrictions such as "You may not make copies of this software and sell it for $$$", "You may not make modifications of this software and resell it" and some fundamentally illegal restrictions. I, and most people in the community, believe that the author of software should be able to restrict whether others have to attribute them as the author, can sell duplicates of it, whether others can redistribute duplicates of it, and whether others can modify and redistribute duplicates of it. See: http://en.wikipedia.org/wiki/Creative_Commons.
These are separate issues from the First-Sale doctrine that you are referring to. PsyStar wasn't selling PCs with retail box purchased from Apple in the same Bag. I would have been cheering PsyStar on if that were the case.
I understand what PsyStar was doing and that was covered in my post, with the copyright portion. My post was specifically focusing on the intention that you stated. In which, rightfully so the intentions of a company after first sale are none existent. PsyStar was trying to confuse this with a host of other items to try to convolute the issue.
Fair enough - can we agree that we should all respect the author's intent (even after sale) when it comes to:
o Whether you can distribute duplicates to others.
o Whether you have to provide Attribution on duplicates
o Whether you can distribute modifications
o Whether you can resell duplicates for $$$
o Whether you can distribute duplicates to others.
Yes and no depends on who produced the duplicate. Each OSX apple produced dvd is a duplicate of the original work.
o Whether you have to provide Attribution on duplicates
Yes
o Whether you can distribute modifications
This is dependent on copyright, but in the case of Apple's stance I would say no.
o Whether you can resell duplicates for $$$
Yes, if they are duplicates produced by Apple. No, if you are producing the "back-ups" and you are just a reseller. The "US" courts have been clear on personal use back-ups before.
The authors intent of use terminates at first sale, if you buy a painting from me, I cannot tell you that it can only be framed in a gold frame. I can make it a stipulation of sale and make you provide a gold frame before purchase but if you transfer it to a walnut frame after sale, I have no rights to enforce. Now if you start making prints of my painting then you have violated my copyright which does not transfer. if that nuance changes then the business tactics of the Apples and Sonys will get measurably worse.
On a more realistic note what if Apple decides that their offerings caters to the 175+ IQ group and decides that they will only sell to those individuals, any secondary sale by a different entity to a non 175+ individual would violate their rights and their intentions.