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

["Peter D. Junger" <junger(at)samsara.law.cwru.edu>]

microlenz@earthlink.net writes:

: 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.

I think that the clause should be read as limited to forbiding---or, more
exactly, not permitting---the selling of copies of the original disk
and its contents.  It is a true license, giving limited permission and 
forbidding nothing.  The first sale doctrine still applies.  And Baen
Books is not going to complain about the sale of the original disk.

: > On 10 Oct 2002, D. C. Sessions wrote:
: > 
: > > This week I picked up a copy of David Weber's new Honor Harrington
: > > story, _War_of_Honor_.  In the back there's this CD from Baen
: > > Books.  On examination, it contains 38 plain-HTML books, including
: > > all of the other books in the Honor Harrington univers, plus filk,
: > > artwork, supplemental material, etc.
: > > 
: > > The T&C?  As printed on the CD, "This disk and its contents may
: > > be copied and shared but NOT sold."

And, for that matter, they are not going to complain about the sale of
a single copy.  They just want to keep other publishers from cashing
in.

--
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
 EMAIL: junger@samsara.law.cwru.edu    URL:  http://samsara.law.cwru.edu   
        NOTE: junger@pdj2-ra.f-remote.cwru.edu no longer exists