Re: About first sale doctrine

[Hyman Rosen]

Alexander Terekhov wrote:
> 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."

The funny thing is that this report is actually arguing
*against* a first sale doctrine for digital objects, but
as we have seen in the Adobe case, the courts have found
otherwise.

>> 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.

Nope, he's right, you're wrong. The GPL does not permit
you to make copies for conveying to another, except that
you may do so if you convey them under the terms of the
GPL. A court isn't going to let you make copies and use
first sale to sell them any more than it would let you
sell videotapes that you've recorded of over-the-air
broadcasts.