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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: Tue, 02 Oct 2012 10:01:41 +0200

Tim Jackson wrote:
> There's only one way that someone can get such a right to further
> copies: from the copyleft licence, with all its conditions.  Thus the
> copyleft licence is not rendered impotent.

At most it would be a license contract breach, not tort (copyright
infringement) because the licensee who made 'further' copies made it
within the scope of licensed *reproduction* right (no 'conditions' at
all having nothing to do with copyleft 'conditions' for distribution of
copies made) and owns the copies made... hence doctrine of exhaustion
regarding distribution right shields licensee against copyright
infringement claims.

What is so hard to understand here?

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