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Re: The worst that can happen to GPLed code

From: David Kastrup
Subject: Re: The worst that can happen to GPLed code
Date: 18 Jun 2004 16:02:35 +0200
User-agent: Gnus/5.09 (Gnus v5.9.0) Emacs/21.3.50 (Lee Hollaar) writes:

> In article <x5wu25ouhr.fsf@lola.goethe.zz> David Kastrup <> writes:
> >First sale applies if there is a sale.  It doesn't if there isn't.
> >Copyright defines the minimum set of rights that can be _sold_ to you.
> >It does not apply to items to which you have no right in the first
> >place, but to which you are unilaterally granted a conditional license
> >to use and redistribute, without any exchange of consideration from
> >your side.
> Wrong, wrong, wrong, at least under United States copyright law.
> "First sale" is just a shorthand for the judicially-created doctrine
> that is now codified in 17 USC 109.  It does not require a "sale"
> but applies to anyone who is "the owner of a particular copy or
> phonorecord lawfully made under this title".

What about "made under this title" don't you understand?

> I can become the lawful owner of a copy by gift or similar things
> that are not a sale.

Which then is not obtained "under this title".

David Kastrup, Kriemhildstr. 15, 44793 Bochum

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