On 4/15/2010 10:14 AM, Alexander Terekhov wrote:
"Notwithstanding the provisions of section 106 (3), the owner of a
particular copy or phonorecord lawfully made under this title, or any
person authorized by such owner, is entitled, without the authority of
the copyright owner, to sell or otherwise dispose of the possession of
that copy or phonorecord."

Unfortunately for the defendants, the binaries which they
are copying and distributing are not such lawfully-made copies.
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