Re: [dvd-discuss] [OT] Money-where-your-mouth-is department

["Michael A Rolenz" <Michael.A.Rolenz(at)aero.org>]

As written it is not clear if the sale is a private or commercial sale. 
The private sale is covered under the first sale doctrine since it is 
private property. The commercial sale is covered in copyright law or is 
it? Given the morass of copyright law, it's not obvious that one can 
preclude one and allow the other. Certainly, the media content providers 
would like to preclude both.




"John Zulauf" <johnzu@ia.nsc.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
10/11/2002 08:40 AM
Please respond to dvd-discuss

 
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        Subject:        Re: [dvd-discuss] [OT] Money-where-your-mouth-is department




microlenz@earthlink.net wrote:
> 
> On 10 Oct 2002 at 22:36, Joshua Stratton wrote:
> 
> Date sent:              Thu, 10 Oct 2002 22:36:05 -0400 (EDT)
> From:                   Joshua Stratton <cpt@gryphon.auspice.net>
> To:                     DVD-Discuss <dvd-discuss@eon.law.harvard.edu>
> Subject:                Re: [dvd-discuss] [OT] Money-where-your-mouth-is 
department
> Send reply to:          dvd-discuss@eon.law.harvard.edu
> 
> > Nevertheless, I don't care for the imposition on the first-sale rights 
of
> > the CD. It's great that noncommercial copying and sharing is 
permitted,
> > but you might like to resell the original CD sometime, even if you 
cannot
> > resell the copies from it.
> 
> That's a good point. While the Shrink wrap license is an abominiation, 
going
> the other extreme and using one to allow copying but not sale of 
personal
> property is also an abomination. If shrinkwrap licenses are odeous then 
one
> tailored to be less odeous is still odeous.

No this just keeps the buyers of the book from being "con-men" and
selling that which is free.  I'd prefer the "reasonable media costs"
terms like the GPL, but the beauty of the license is that you can sell
the book, including the original CD (at your option), and yet keep a
copy of the original CD freely.