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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: Fri, 5 Oct 2012 13:46:45 +0100
User-agent: MicroPlanet-Gravity/3.0.4

On Fri, 05 Oct 2012 14:13:10 +0200, Alexander Terekhov wrote...
> Tim Jackson wrote:
> [...]
> > Before you can distribute copies, you have to make them.  That is only
> > permitted either:
> >    (a) in accordance with the conditions of the copyleft licence...
> And what are the 'conditions' for MAKING copies under copyleft?
> Again: recall that subsequent act of eventual distribution under 'first
> sale' statutory exception is irrelevant as far as copyright is
> concerned.
> All copyleft requirements are for the act of distribution of copies
> made, not the act of making copies.

You are again forgetting that the CJEU decision does not exhaust 
anything.  It starts from the assumption that the right to distribute 
*one specific copy* is *already* exhausted, and provides a mechanism to 
do that by making a replacement copy, the previous copy being rendered 

But it doesn't permit any more widespread distribution of new copies.  
It doesn't produce any further exhaustion, except for that one specific 
copy which is already exhausted.

Any such distribution of new copies is permitted only by the copyleft 
licence, under the copyleft conditions.

Tim Jackson
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