Anyway, the "First Sale" defense, had it worked, could have been used to undermine the protections of the GPL. In fact, ALL software licenses could have been reduced to public domain (this is why some of us smell the hand of M$ involved in all this).
Thankfully, the court didn't buy it. How bad was the ruling against Psystar? Can you say, "scorched earth?"
Copyright violation? Upheld.
DMCA violation? Upheld.
What's left for trial? Induced breach of contract, trademark infringement; trademark dilution; trade dress infringement; and state unfair competition under California Business and Professions Code § 17200; and common law unfair competition. All with Psystar on the defensive.
Which means the whole scheme to nullify the power of the GPL didn't go splat. It cratered.
God bless Richard Stallman! Long live the GPL!