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

["Michael A Rolenz" <Michael.A.Rolenz(at)aero.org>]

Interesting question. Altough remember that source code is distributed in 
most instances and there has been no question that source code is 
copyright protected....this sword may cut both ways




Noah silva <nsilva@atari-source.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
11/02/01 06:57 AM
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        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/bb61c530eab0911c882567cf005ac6f9/574aa79ff518021188256aed006ea2dc/$FILE/CV00-04161DDP.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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