Re: The worst that can happen to GPLed code

[Lee Hollaar]

In article <x5wu25ouhr.fsf@lola.goethe.zz> David Kastrup <dak@gnu.org> writes:
>First sale applies if there is a sale.  It doesn't if there isn't.
>Copyright defines the minimum set of rights that can be _sold_ to you.
>It does not apply to items to which you have no right in the first
>place, but to which you are unilaterally granted a conditional license
>to use and redistribute, without any exchange of consideration from
>your side.

Wrong, wrong, wrong, at least under United States copyright law.

"First sale" is just a shorthand for the judicially-created doctrine
that is now codified in 17 USC 109.  It does not require a "sale"
but applies to anyone who is "the owner of a particular copy or
phonorecord lawfully made under this title".

I can become the lawful owner of a copy by gift or similar things
that are not a sale.

And if I am the lawful owner, I can dispose of it in any way I want,
except for rental in the case of phonorecords or most computer
programs.