RE: [dvd-discuss] Interesting 1st sale-shrinkwrap-EULA-(c) infrin gementcase

[Bryan Taylor <bryan_w_taylor(at)yahoo.com>]

--- Noah silva <nsilva@atari-source.com> wrote:
 
> "Congress recognized the problem, and, in 1990, amended the first sale
> doctribe as it applies to computer programs and phonorecords.  As amended,
> the first sale doctrine permits only non-profit libraries and educational
> institutions to lend or lease copies of software and phonorecords."
> 
> First of all, what was "the problem"?  (obviously people renting software,
> but why was this a problem?!  You shouldn't be allowed to rent something
> you own?)

The problem is that first sale grants software owners the right to use the
software on "a" machine. If the software is the kind that installs itself onto
your computer, then the software rental business has no way to verify that each
purchased copy is only on one machine at a time, and we all know that it
probably wouldn't be.
 
> Secondly... couldn't anyone wanting to make a CD rental store just
> organize it as an education institution or non-profit organization?

As long as this wasn't a sham.


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