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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.

"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


(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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