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

["Ballowe, Charles" <CBallowe(at)usg.com>]

The license on GPL (for example) is slightly different -- it doesn't
cover use, but redistribution. These are rights granted to the 
copyright holder and so are open to negotiation. It's not a software
license as much as a publishing license. The GPL consists of 3 sections,
the preamble, "TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, AND 
MODIFICATION", and a how to apply this to your creation. It makes
no statement about use.

-Charles Ballowe


> -----Original Message-----
> From: Noah silva [mailto:nsilva@atari-source.com]
> Sent: Friday, November 02, 2001 8:58 AM
> To: dvd-discuss@eon.law.harvard.edu
> Subject: Re: [dvd-discuss] Interesting 1st sale-shrinkwrap-EULA-(c)
> infringementcase
> 
> 
> 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?).  
> 
>    -- noah silva 
> 
> On Thu, 1 Nov 2001, Bryan Taylor wrote:
> 
> > 
> > --- Michael.A.Rolenz@aero.org wrote:
> > > This one is just full of good material....
> > 
> > 
> http://www.cacd.uscourts.gov/CACD/RecentPubOp.nsf/bb61c530eab0
> 911c882567cf005ac6f9/574aa79ff518021188256aed006ea2dc/$FILE/CV
> 00-04161DDP.pdf
> > 
> > I've just been reading it carefully. This case does rocks. 
> Virtually every page
> > is a rejection of the licenced, not sold tripe.
> > 
> > I especially like it when it discusses the One Stop and 
> Harmony decisions (the
> > latter is the origin of the licenced, not sold idea) and 
> just leaves it with
> > "The Court declines to adopt the analysis of these cases." 
> > 
> > 
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>