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Re: The worst that can happen to GPLed code

From: Stefaan A Eeckels
Subject: Re: The worst that can happen to GPLed code
Date: Fri, 18 Jun 2004 11:07:41 +0200

On 18 Jun 2004 10:19:15 +0200
David Kastrup <> wrote:

> It depends.  If you enter into a purchase agreement with a provider of
> software that gives you the possibility for downloading, you are
> creating a tangible copy as part of putting the contract into work.
> First sale _will_ apply to that tangible copy you created as part of
> the exchange, in the same manner as first sale applies to books
> printed on demand, even if you yourself happen to own the print shop.

But, as Lee noted, "copy" is defined as the intangible 
work registered on a medium, and hence the assumption 
that first sale would give you the right to extract
files or parts of files from the work, and use them to
create your own "aggregations", without the consent of
the copyright holder, is incorrect.

First sale applies to the "copy", the "copy" is always
the intangible work recorded on a medium. Thus the analogy
would be between ripping pages out of a book, and cutting
slices from a CD-ROM, but not, as Alexander claims, 
extracting (parts of) files from a tarball.

Take care,

"What is stated clearly conceives easily."  -- Inspired sales droid

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