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

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

Noah silva writes:

: 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?).  

If he is not bound by the license then he does not have a license to reproduce
or distribute the code.

The content providers use the word ``license'' deceptively---the user is not bound
by the license, which is a grant of permission to do something that the user
wants to do, he is bound---if he is bound---by his agreement not to do certain 
things.  

The claim that when they sell you a copy of a program, they only license you to
use the program is nonsense.  When they sell you a copy of a program, you can
use that copy in any way that you want---except to reproduce the program or distribute
other copies, but not your original copy, of the program---unless you enter into a 
binding agreement not to do some of those things.

The GPL gives you permission to make and distribute copies so long as you make source code
available; the BSD license gives you permission to make and distribute copies so long
as you give the original programmer credit.  Neither one binds you to do anything---you
just loose your license if you do not comply with the condition. 

--
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