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Re: "GPL requirement could have a chilling effect on derivativedistros"


From: Alexander Terekhov
Subject: Re: "GPL requirement could have a chilling effect on derivativedistros"
Date: Thu, 29 Jun 2006 20:29:50 +0200

"Alfred M. Szmidt" wrote:
[...]
>    Yes. If you buy a book, you can sell your copy. That is what first
>    sale is about - the copyright holder can control copying, but once
>    a copy has been sold (lawfully acquired), the copyright holder
>    cannot control what is done with that copy.
> 
> Yes, but selling your copy is distribution. 

You can call it whatever you want. It doesn't matter. The heart of the 
provision is codified as

-----
Notwithstanding the provisions of section 106(3) [distribution], 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. 
-----

regards,
alexander.


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