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Re: [upcoming] The European Court of Justice on 'Software' First Sale

From: Alexander Terekhov
Subject: Re: [upcoming] The European Court of Justice on 'Software' First Sale
Date: Mon, 01 Oct 2012 10:34:49 +0200

Tim Jackson wrote:
> Put another way, the CJEU decision doesn't give anyone a right to make
> further copies...

The GPL itself (and other public licenses) and unrestricted 
distribution to the world over the net provides all the rights 
needed to circumvent distribution restrictions under doctrine 
of exhaustion. To make it easier for you to understand, 

(Attribution: Isaac)

Further, my understanding is that Alexander was proposing lawfully
acquiring and distributing copies and not making new copies.  If 
the law requires that a backup or adapted copy be distributed with 
the originals, Alexander would do that and then acquire, at no 
expense, a new copy.  Rinse lather repeat.

You ask how a copy would be acquired without accepting the GPL.

I'm not aware of an expectation or requirement to accept the GPL 
before downloading the software.  Free software is often made 
available for downloading without any notice obtained before, 
during or after the download that the copies obtained must be 
deleted if the GPL is not accepted.

Anyone can obtain GPLd software, and provided only that they 
include source code, operate a free or paid distribution ftp 
site in which they allow GPLd software to be downloaded without 


You seem to not grok a rather simple concept: lawful ownership 
of a copy incorporating work verbatim or even a copy incorporating 
derivative work gives the owner of that copy all the rights to 
distribute that copy without restrictions ("conditions" in 
GNUspeak) as far as copyright law is concerned no matter who 
(lawfully) made that copy.

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