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Re: First sale according to COPYRIGHT LAW
From: |
Alexander Terekhov |
Subject: |
Re: First sale according to COPYRIGHT LAW |
Date: |
Mon, 13 Feb 2006 08:43:49 +0100 |
Rui Miguel Silva Seabra wrote:
[...]
> Let's analyse some situations:
> 1. You gave B to a friend
> that's first sale
Right.
> 1.1 your friend sold B to someone else
> that's first sale
Right.
> 1.2 your friend sold copies of B to other people (B1, B2, etc...)
> that's no longer first sale, that's distribution of new copies
Wrong. First sale is about distribution of authorized copies by their
owners. The GPL entitles your friend to make copies and he owns them.
So it does fall under first sale and only a contractual covenant can
interfere with your friend's right to distribute all his copies as he
sees fit under first sale and not the GPL.
> and that can only be done under the terms of the GNU GPL, the
> only license that permits those copies. Otherwise, copyright
> says your friend can't do that.
>
> 2. You sell B to someone else
> that's just like 1.1
Right.
> 2.1 that someone else gives copies of B to other people (B1, B2, etc...)
> that's just like 1.2
Except that 1.2 is wrong.
>
> 3. you give copies of B to other people (B1, B2, etc...)
> that's just like 1.2
Except that 1.2 is wrong.
>
> Rui
4. Rui sold or gifted copies of B to Terekhov (B1, B2, etc...). Rui
was compliant with the GPL and provided access to source code to
Terekhov. Terekhov is not a party under the GPL agreement regarding
those copies to begin with, and he may resell those copies under
first sale ignoring the GPL altogether.
regards,
alexander.
- Re: Intellectual Property II, (continued)
- Re: Intellectual Property II, Alan Mackenzie, 2006/02/12
- Re: Intellectual Property II, Alexander Terekhov, 2006/02/12
- Re: Intellectual Property II, Alexander Terekhov, 2006/02/16
- Re: Intellectual Property II, Alexander Terekhov, 2006/02/16
- Re: Intellectual Property II, Alexander Terekhov, 2006/02/16
- Re: Property according to Terekov, Rui Miguel Silva Seabra, 2006/02/12
- Message not available
- Re: First sale according to COPYRIGHT LAW,
Alexander Terekhov <=
- Re: First sale according to Terekov, Rui Miguel Silva Seabra, 2006/02/13
- Message not available
- Re: First sale according to COPYRIGHT LAW, Alexander Terekhov, 2006/02/13
- Re: First sale according to Terekov, Rui Miguel Silva Seabra, 2006/02/13
- Message not available
- Re: First sale according to COPYRIGHT LAW, Alexander Terekhov, 2006/02/13
- Re: First sale according to COPYRIGHT LAW, Rui Miguel Silva Seabra, 2006/02/13
- Message not available
- Re: First sale according to COPYRIGHT LAW, Alexander Terekhov, 2006/02/13
Re: Intellectual Property II, Alexander Terekhov, 2006/02/07