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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 12:38:39 +0200

Tim Jackson wrote:
> On Mon, 08 Oct 2012 11:19:04 +0200, Alexander Terekhov wrote...
> > 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
> What it doesn't change is the fact that whether they are "lawfully
> made" is irrelevant.

It is certainly explicitly relevant with respect to at least U.S.A based
copyleft licensors such as the FSF (in my example I was talking about
FSF owned GCC) because the governing IP laws are the IP laws of the
United States of America, such as:

"Notwithstanding the provisions of section 106(3), the owner of a
particular copy or phonorecord lawfully made under this title, or any
person authorized by such owner, is entitled, without the authority of
the copyright owner, to sell or otherwise dispose of the possession of
that copy or phonorecord. ..."

The phrase "lawfully made under this title" essentially means that the
copy is not infringing, either because it was made by the copyright
owner / with the permission of the copyright owner or it falls within
one of the exceptions to the copyright owner's reproduction rights.

And if you seriously believe that EU version of 'first sale' is somehow
very very different from US version then go to doctor.

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