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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 14:05:38 +0100
User-agent: MicroPlanet-Gravity/3.0.4

On Fri, 05 Oct 2012 14:51:54 +0200, Alexander Terekhov wrote...
> Tim Jackson wrote:
> [...]
> > So yes, certainly the copyright holder can say "you can make as many
> > copies as you like".  But he can also make that subject to conditions -
> > as a copyleft licence does.
> 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.

But you can only distribute those copies in accordance with the GPL 

Likewise, if the CJEU decision was about GPL'd software you could 
download and make copies under the GPL.  But you wouldn't be allowed to 
distribute them except under the GPL conditions.

Your permission to do these things comes entirely from the GPL, not from 
the decision.  

The CJEU decision just gives one person a right to make and use a 
replacement copy of the software, but not to make or distribute further 
copies.  This is much less than he already had from the GPL anyway.  

As an independent third party, the decision gives you nothing.

Tim Jackson
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