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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: Thu, 04 Oct 2012 10:00:53 +0200

Tim Jackson wrote:
> Again, I've emphasised "that copy".  There's no exhaustion of the right
> to control the making and distribution of **further** copies.

Don't blend separate statutory rights together - I mean reproduction
("making") and distribution.

Exclusive distribution right gives copyright owners a right to sue in
tort not only makers of pirated copies but also distributors who don't
make pirated copies themselves.

In the context of copyleft and and other public licenses pirated copies
simply don't exist and it is simply redundant/not needed to 'grant' the
distribution right because all copies made by
licensees/downloaders-without-contract-formation/etc. fall under
doctrine of exhaustion and can be distributed under shield of statutory
'first sale' exception to the exclusive distribution right, not a right
granted by license contract.

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