Re: "GPL requirement could have a chilling effect on derivativedistros"

[Merijn de Weerd]

On 2006-06-30, Stefaan A Eeckels <hoendech@ecc.lu> wrote:
> And as such it is not interesting to split a book into chapters for
> separate resale. One could imagine doing so with a book that's a
> compilation of articles, for example. I'm quite sure that the copyright
> holders would not be interested in stopping this if they could. After
> all, the book has been sold and consideration has been received.

An interesting case happened some time ago here in the Netherlands.
A calendar was published that contained for every month a nice
reproduction of a painting, all by the same painter (Rien
Poortvliet). Someone bought a lot of calendars, cut out the
reproductions, framed them and sold that. The Dutch Supreme Court
ruled that exhaustion (first sale) did not apply, since he was
transforming the works into something new.

Merijn

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