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Re: Circumventing the GPL

From: Tim Smith
Subject: Re: Circumventing the GPL
Date: Wed, 23 Jul 2008 13:47:26 -0700
User-agent: MT-NewsWatcher/3.5.3b2 (PPC Mac OS X)

In article <>,
 John Hasler <> wrote:
> In order to be a first sale under the intent of the law.  "First sale"
> clearly contemplates a transaction such as walking into a bookstore,
> grabbing a book, plunking down $20, and walking out.  You propose a

A sale is not required, though.  All that's required is that the person 
distributing own the copy they are distributing, and that it was legally 
acquired.  In particular, it applies to copies that were given away for 

There was an important case about that recently, where a record company 
gave away promo CDs to radio stations and others, clearly marked as for 
promotional use only and not for resale.  Some of the stations disposed 
of the CDs, where they ended up in second hand stores, and defendant 
bought them and sold them on eBay.  The record company said this was a 
no-no.  They court said that once the record company gave them away, 
first sale applied.  It doesn't matter that they were gifts.

--Tim Smith

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