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

[microlenz(at)earthlink.net]

Peter,

For a Professor of Intellectual Property Law, your viewpoint is more in line 
with the "common law" of copyright that most people understand (or understood 
until 1976). Private use of copyright material is permissible provided it isn't 
too much or involves absolute total strangers...but commercial use of copyright 
material ist verbotten with extreme penalities that only a jury can decide.... 
;-)

On 11 Oct 2002 at 9:35, Peter D. Junger wrote:

To:             	dvd-discuss@eon.law.harvard.edu
Subject:        	Re: [dvd-discuss] [OT] Money-where-your-mouth-is department 
Date sent:      	Fri, 11 Oct 2002 09:35:04 -0400
From:           	"Peter D. Junger" <junger@samsara.law.cwru.edu>
Send reply to:  	dvd-discuss@eon.law.harvard.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