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Re: US court says software is owned, not licensed

From: Robert Heller
Subject: Re: US court says software is owned, not licensed
Date: Sat, 10 Oct 2009 12:38:47 -0500

At Sat, 10 Oct 2009 18:26:05 +0200 Alexander Terekhov <> wrote:

> Robert Heeler wrote:
> [...]
> > I think that the point of the case (eBay vender vs
> > Autodesk), is that if you have A copy in your possesion, you have the
> > right to dispose of that copy (eg selling it).  This is distint from
> > *making a copy* of the copy.  
> But don't you own a legitimate "GPL'd" copy (after making a copy of the
> copy pursuant to the GPI) just like in the former case, Heller?


If one has, for example, a shrink wrapped copy, never opened (and thus
never installed), it is perfectly legal to re-sell that copy.  I
believe that was's case.  Once you install it (eg open the
box), then one 'has made a copy'.  If you resell the box/CD/whatever,
someone ends up with a non-legal copy (assuming that the software in
question was not GPL or other open source, which was the case with the
eBay vender vs Autodesk case that defended).

> regards, 
> alexander.
> --
> (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.)

Robert Heller             -- 978-544-6933
Deepwoods Software        -- Download the Model Railroad System  -- Binaries for Linux and MS-Windows       --

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