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Re: About first sale doctrine


From: Alexander Terekhov
Subject: Re: About first sale doctrine
Date: Thu, 24 Jul 2008 18:10:47 +0200

John Hasler wrote:
> 
> Ciaran writes:
> > I can't follow all the mails on this list, but just to distill the
> > discussion down: Is someone on this list claiming after Company X sells a
> > source+binary copy of some GPL'd software to Buyer Y, that, in the USA,
> > Buyer Y can then pass on or resell the binary (without the source)
> > without being bound by the requirements of the GPL?
> 
> Yes, but under US law a "copy" is a tangible object.  Thus you can purchase
> a complete set of Debian CDs from CheapBytes and then sell each CD
> seperately even though some of the CDs contain only binaries.  You cannot,
> however, download a set of Debian ISOs, burn them to CDs, and sell the
> binary ones seperately since you did not purchase those CDs but made them
> yourself, thus accepting the terms of the GPL.

Oh really? Keep dreaming, ancle Hasler.

http://www.copyright.gov/reports/studies/dmca/sec-104-report-vol-1.pdf

"There is no dispute that section 109 applies to works in digital
 form. Physical copies of works in a digital format, such as CDs or
 DVDs, are subject to section 109 in the same way as physical
 copies in analog form. Similarly, a lawfully made tangible copy
 of a digitally downloaded work, such as a work downloaded to a
 floppy disk, Zip™ disk, or CD-RW, is clearly subject to section
 109."

regards,
alexander

-- 
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)


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