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Re: LGPL reverse engineering clause & Java
From: |
Alexander Terekhov |
Subject: |
Re: LGPL reverse engineering clause & Java |
Date: |
Fri, 03 Dec 2004 21:51:21 +0100 |
Stefan Monnier wrote:
[...]
> The intent of the "first sale" doctrine of 17 USC 109 is pretty clearly not
> to allow someone to sell/distribute endless copies of a single object;
> even if those copies are obtained legally and are not tainted by the
> "backup" clause.
And what makes you think so? Well, see
http://digital-law-online.info/lpdi1.0/quotes/fn1-65.htm
<quote>
Section 109(a) restates and confirms the principle that, where the
copyright owner has transferred ownership of a particular copy or
phonorecord of a work, the person to whom the copy or phonorecord
is transferred is entitled to dispose of it by sale, rental, or any
other means. Under this principle, which has been established by
the court decisions and section 27 of the present law, the
copyright owners exclusive right of public distribution would have
no effect upon anyone who owns a particular copy or phonorecord
lawfully made under this title and who wishes to transfer it to
someone else or to destroy it.
Thus, for example, the outright sale of an authorized copy of a
book frees it from any copyright control over its resale price
or other conditions of its future disposition. A library that has
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
acquired ownership of a copy is entitled to lend it under any
conditions it chooses to impose. This does not mean that conditions
on future disposition of copies or phonorecords, imposed by a
contract between their buyer and seller, would be unenforceable
between the parties as a breach of contract, but it does mean that
they could not be enforced by an action for infringement of copyright.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
</quote>
regards,
alexander.
- Re: LGPL reverse engineering clause & Java, (continued)
- Re: LGPL reverse engineering clause & Java, Drazen Kacar, 2004/12/03
- Re: LGPL reverse engineering clause & Java, Alexander Terekhov, 2004/12/03
- Re: LGPL reverse engineering clause & Java, Drazen Kacar, 2004/12/03
- Re: LGPL reverse engineering clause & Java, Alexander Terekhov, 2004/12/03
- Re: LGPL reverse engineering clause & Java, Stefan Monnier, 2004/12/03
- Re: LGPL reverse engineering clause & Java, Alexander Terekhov, 2004/12/03
- Re: LGPL reverse engineering clause & Java, David Kastrup, 2004/12/03
- Re: LGPL reverse engineering clause & Java, Stefan Monnier, 2004/12/03
- Re: LGPL reverse engineering clause & Java,
Alexander Terekhov <=
- Re: LGPL reverse engineering clause & Java, David Kastrup, 2004/12/03
- Re: LGPL reverse engineering clause & Java, Alexander Terekhov, 2004/12/03
- Re: LGPL reverse engineering clause & Java, Stefan Monnier, 2004/12/03
- Re: LGPL reverse engineering clause & Java, John Hasler, 2004/12/03
- Re: LGPL reverse engineering clause & Java, Alexander Terekhov, 2004/12/03