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Re: First sale according to COPYRIGHT LAW


From: Alexander Terekhov
Subject: Re: First sale according to COPYRIGHT LAW
Date: Mon, 13 Feb 2006 08:43:49 +0100

Rui Miguel Silva Seabra wrote:
[...]
> Let's analyse some situations:
> 1. You gave B to a friend
>         that's first sale

Right.

> 1.1 your friend sold B to someone else
>         that's first sale

Right.

> 1.2 your friend sold copies of B to other people (B1, B2, etc...)
>         that's no longer first sale, that's distribution of new copies

Wrong. First sale is about distribution of authorized copies by their
owners. The GPL entitles your friend to make copies and he owns them.
So it does fall under first sale and only a contractual covenant can
interfere with your friend's right to distribute all his copies as he
sees fit under first sale and not the GPL.

>         and that can only be done under the terms of the GNU GPL, the
>         only license that permits those copies. Otherwise, copyright
>         says your friend can't do that.
> 
> 2. You sell B to someone else
>         that's just like 1.1

Right.

> 2.1 that someone else gives copies of B to other people (B1, B2, etc...)
>         that's just like 1.2

Except that 1.2 is wrong.

> 
> 3. you give copies of B to other people (B1, B2, etc...)
>         that's just like 1.2

Except that 1.2 is wrong.

> 
> Rui

4. Rui sold or gifted copies of B to Terekhov (B1, B2, etc...). Rui 
   was compliant with the GPL and provided access to source code to 
   Terekhov. Terekhov is not a party under the GPL agreement regarding 
   those copies to begin with, and he may resell those copies under 
   first sale ignoring the GPL altogether.

regards,
alexander.


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