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

From: Tim Jackson
Subject: Re: [upcoming] The European Court of Justice on 'Software' First Sale
Date: Mon, 1 Oct 2012 17:20:45 +0100
User-agent: MicroPlanet-Gravity/3.0.4

On Mon, 01 Oct 2012 10:44:08 +0200, Alexander Terekhov wrote...
> > Alexander Terekhov  <> wrote:
> > 
> > >Thus copies made under copyleft (and other public licenses) fall under
> > >exhaustion doctrine preventing copyright owners (licensors) using tort
> > >theory (copyright infringement claims) regarding control of terms and
> > >conditions for further distribution.

You are talking here about European law - it's a decision from the Court 
of Justice of the European Union.  

> That might be true IF "she doesn't have any right to act at all except
> as the license permits."  But as I have pointed out here and in my
> comments to the FSF regarding the new GPLv3, that is not the case.
> United States copyright law provides a number of exceptions to the
> exclusive rights of the copyright owner, including "first sale" as
> covered in 17 U.S.C. 109 and the right in 17 U.S.C. 117 of the owner
> of a copy of a computer to reproduce or adapt it if necessary to use
> it.

How much bearing do you think 17 U.S.C. has on European law?

Tim Jackson
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