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Re: US court says software is owned, not licensed


From: Alexander Terekhov
Subject: Re: US court says software is owned, not licensed
Date: Tue, 13 Oct 2009 22:53:26 +0200

[... PJ's comedy at www.groklaw.net/article.php?story=20091010152322226
... ]

"Chattels and software - a thought exercise 

Authored by: swmcd on Tuesday, October 13 2009 @ 02:55 PM EDT 

I'm completely lost. 

"First sale works great with books. You can't run off a million copies
of a book in ten minutes and distribute over the Internet."

You can scan it and post it, which has substantially the same effect. 

"Software isn't a book. [...] And to do its thing, you need a use
license. "

No, you need 17 U.S.C. ยง 117 

"it is not an infringement for the owner of a copy of a computer program
to make [...] another copy [...] provided: (1) that such a new copy
[...] is created as an essential step in the utilization of the computer
program in conjunction with a machine "

P.J. says 

"Vendors will never sell you software if you get to resell it without
the license. And with first sale, the license dies as to that copy. And
that copy can be duplicated a million times in minutes and distributed
over the Internet. "

Well, not legally, it can't. You need permission of the copyright holder
do that. "

<chuckles>

regards,
alexander.

--
http://gng.z505.com/index.htm 
(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)


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