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Re: The worst that can happen to GPLed code

From: Barry Margolin
Subject: Re: The worst that can happen to GPLed code
Date: Tue, 15 Jun 2004 13:40:28 -0400
User-agent: MT-NewsWatcher/3.4 (PPC Mac OS X)

In article <>,
 Alexander Terekhov <> wrote:

> Martin Dickopp wrote:
> [...]
> > none of the copies was sold to you.
> It's available for free.

Not if you want them to provide you a tangible copy -- then you have to 
buy a tape or CD-ROM.  That's what the first sale doctrine is about -- 
it distinguishes between the physical objects that can be handed from 
person to person, and the intellectual property that might be contained 
on those physical objects.  For the first sale doctrine to apply, a 
physical object has to move from one party (the seller) to another party 
(the purchaser).  Downloading data only transfers information, not 
physical objects, so the first sale doctrine is irrelevant.

Barry Margolin,
Arlington, MA
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