Re: Licensing question about the BSD

[Alexander Terekhov]

Rui Miguel Seabra wrote:
> 
> On Mon, 2005-08-08 at 21:25 +0200, Alexander Terekhov wrote:
> > Alexander Terekhov wrote:
> > [...]
> > > consequence, the GPL'd stuff should be exempt from "first sale"...
> > > other bizarre legal constructions of his own (together with his
> > > friend Metzger) creation aside for a moment.
> >
> > Well, looks like that in the meantime, the fellows have realized
> > that exemption from first sale won't fly.
> 
> HELLO? It's only you who speaks of first sale.

Really? Final judgment regarding injunction against Sitecom by the 
District Court of Munich I and appellate Judge Hoeren's feedback 
aside for a moment, go ask your comrade dak translate pages 48, 49, 
50, 51, and 52 of
 
http://www.vsi.de/inhalte/aktuell/studie_final_safe.pdf. 

Please try to NOT miss the stuff behind footnote 284 (attributed
to Welte's attorney Jaeger together with his colleague Metzger).

> 
> The FSF is not talking about giving (or selling or whatever) your copy
> (read first sale), but copy distribution.

Under FSF's "GPL-is-not-a-contract" theory, all copies of publicly 
available GPL'd works fall under "copy distribution" pursuant to the 
first sale because they are "lawfully made" and there's no contract 
that would restrict (impose enforceable conditions) on their 
distribution.

The GFSL (German Free Software License "created by Axel Metzger and 
Till Jaeger") concedes that the first sale "preempts" it (GFSL being 
a non-negotiable licensing contract accepted by a licensee when 
exercising the copyright license granted in the GFSL... just like 
the properly construed GPL): no reciprocal (contractual) obligations 
on part of redisrtibutors under first sale (without some other 
explicit manifestation of assent to the contrary, that is).

And copies (in both source and object code form... accompanied by 
additional copies under 17 USC 117) of computer program works made 
in the course of downloading from the authorized distributors do 
fall under the first sale. Go ask the Libraries Association (and 
also Time Warner, Inc.):

http://cyber.law.harvard.edu/archive/dvd-discuss/msg07922.html 

regards,
alexander.