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Re: [dvd-discuss] Interesting 1st sale-shrinkwrap-EULA-(c)infringementcase



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