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Re: LGPL reverse engineering clause & Java

From: David Kastrup
Subject: Re: LGPL reverse engineering clause & Java
Date: Fri, 03 Dec 2004 17:39:11 +0100
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/21.3.50 (gnu/linux)

Alexander Terekhov <> writes:

> David Kastrup wrote:
> [...]
>> > Yeah. That <> also has "Terms of
>> > Use" ("you may not <blah blah>" link/page). But I've accepted nothing,
>> > to begin with.
>> Fine, but then you have no rights to the software in question except
>> those granted by copyright (which do not include redistribution). 
>                                                    ^^^^^^^^^^^^^^
> 17 USC 109, stupid.

Oh, the usual "Alexander is out of arguments tag" again.
Redistribution is not the same as passing on an acquired tangible

> One significant effect of ยง 109(a) is to limit the exclusive right 
> to distribute copies to their first voluntary disposition, and thus 
> negate copyright owner control over further or .downstream. transfer 
> to a third party. Quality King Distrib. v. L.Anza Research Int.l, 
> Inc., 523 U.S. 135, 142-44 (1998).

"Copy" in this context means a tangible copy.  You are not allowed to
produce copies of your own, merely to pass on a tangible copy that you
received for an exchange of consideration with the copyright owner.

> Adobe argues that the first sale doctrine does not apply because
> Adobe does not sell or authorize any sale of its software. Adobe
> characterizes each transaction throughout the entire stream of
> commerce as a license.8 Adobe asserts that its license defines the
> relationship between Adobe and any third-party such that a breach of
> the license constitutes copyright infringement. This assertion is
> not accurate because copyright law in fact provides certain rights
> to owners of a particular copy.

So what makes you an owner of an authorized tangible copy?  And how do
you pass it on without copying it of your own?

David Kastrup, Kriemhildstr. 15, 44793 Bochum

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