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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: Mon, 08 Oct 2012 11:19:04 +0200

Tim Jackson wrote:
> More accurately, when were those copies you've just made first placed on
> the European market with the consent of the copyright holder?  They
> haven't been, you've only just made them.  Why then do you believe that
> they benefit from any exhaustion of the distribution right?

Providing access to copyrighted work with permission to make copies
directly by recipients instead of 'trading' material objects with
copyrighted work fixed on/in them doesn't change the status of copies
lawfully made (no matter who made them) and owned by strangers with
respect to copyright and further distribution under doctrine of
exhaustion -- in both cases copies fall under exception to the exclusive
distribution right.

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