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Re: [dvd-discuss] Interesting 1st sale-shrinkwrap-EULA-(c)infringementcase
- To: Openlaw DMCA Forum <dvd-discuss(at)cyber.law.harvard.edu>
- Subject: Re: [dvd-discuss] Interesting 1st sale-shrinkwrap-EULA-(c)infringementcase
- From: John Galt <galt(at)inconnu.isu.edu>
- Date: Fri, 2 Nov 2001 14:35:16 -0700 (MST)
- In-Reply-To: <Pine.LNX.4.21.0111021258360.18639-100000@shaft.bitmine.net>
- Mail-Followup-To: galt@inconnu.isu.edu
- Reply-To: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
On Fri, 2 Nov 2001, Jeme A Brelin wrote:
>
>On Fri, 2 Nov 2001, Noah silva wrote:
>> So let me be stupid here and ask... What happens when someone who
>> wants to do something against (GPL, BSD Lisence, MPL, SISSL, LGPL,
>> etc.) claims he isn't bound by the lisence because he has "first sale"
>> (or first gift?).
>
>First sale doesn't give you the right to redistribute copies... certainly
>not commercially.
It entitles you to the right to distribute YOUR copy. It doesn't entitle
you to make copies, then distribute, no.
>I don't see how you could violate any of those licenses by practicing the
>rights transfered at first sale.
Legally obtain a copy. Strip the source code. Sell off the altered copy,
destroying the undistributed portion. First sale doctrine enabled, GPL
violated.
>J.
>
--
* You are not expected to understand this.
--comment from Unix system 6 source, credited to Lions and Johnson
Who is John Galt? galt@inconnu.isu.edu, that's who: finger me for GPG key