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


From: Merijn de Weerd
Subject: Re: "GPL requirement could have a chilling effect on derivativedistros"
Date: Sat, 01 Jul 2006 09:54:54 +0200
User-agent: slrn/0.9.8.1 (FreeBSD)

On 2006-06-30, Alexander Terekhov <terekhov@web.de> wrote:
> I need a link, please.

Thank you. Some English-language summaries are at
http://www.iusmentis.com/copyright/crashcourse/rights/
http://www.iusmentis.com/auteursrecht/nl/vvv/beperkingen/#uitputting
I think you actually know that guy. :)

Another site discussing it is
http://www.aippi.org/reports/q156/gr-q156-The%20Netherlands-e.htm
(scroll down to the answer to question 6, "Copyright law")

The full cite is
HR 19 januari 1979, NJ 1979, 412 (Hovener/Poortvliet)

I noted it got cited in Canada:
http://scc.lexum.umontreal.ca/en/2002/2002scc34/2002scc34.html

Since it's from 1979, no one has thought to put up an
English-language translation of the case. 

However the case did not center on 'derivative work' but instead
asked the question if the effect of a first sale (exhaustion)
would be annulled by exploiting the work "in a new way".
And the Dutch Supreme Court said yes.

Merijn

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