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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: Fri, 05 Oct 2012 15:06:33 +0200

Tim Jackson wrote:
> 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
> unusable.
> 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.

Hey, I've downloaded GCC binary package and made several copies of it...
what are the GPL 'conditions' that I should have fulfilled for the act
of making copies?

The answer is 'no conditions for the act of making copies' and you
simply don't want to admit it.

As far as distribution is concerned all new copies that I've made are
lawfully made (with the GPL permission to reproduce) and since I own the
copies that I've made I'm going to distribute these new copies under
'first sale' exception to the exclusive distribution right utterly
ignoring the GPL 'conditions' for distribution as if the GPL would not
pretend to convey any distribution right at all.

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