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Re: [upcoming] The European Court of Justice on 'Software' First Sale
From: |
Tim Jackson |
Subject: |
Re: [upcoming] The European Court of Justice on 'Software' First Sale |
Date: |
Mon, 1 Oct 2012 17:20:45 +0100 |
User-agent: |
MicroPlanet-Gravity/3.0.4 |
On Mon, 01 Oct 2012 10:44:08 +0200, Alexander Terekhov wrote...
> > Alexander Terekhov <terekhov@web.de> wrote:
> >
> > >Thus copies made under copyleft (and other public licenses) fall under
> > >exhaustion doctrine preventing copyright owners (licensors) using tort
> > >theory (copyright infringement claims) regarding control of terms and
> > >conditions for further distribution.
You are talking here about European law - it's a decision from the Court
of Justice of the European Union.
[snip]
> That might be true IF "she doesn't have any right to act at all except
> as the license permits." But as I have pointed out here and in my
> comments to the FSF regarding the new GPLv3, that is not the case.
> United States copyright law provides a number of exceptions to the
> exclusive rights of the copyright owner, including "first sale" as
> covered in 17 U.S.C. 109 and the right in 17 U.S.C. 117 of the owner
> of a copy of a computer to reproduce or adapt it if necessary to use
> it.
How much bearing do you think 17 U.S.C. has on European law?
--
Tim Jackson
news@timjackson.invalid
(Change '.invalid' to '.plus.com' to reply direct)
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Alexander Terekhov, 2012/10/01
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Alexander Terekhov, 2012/10/01
- Re: [upcoming] The European Court of Justice on 'Software' First Sale,
Tim Jackson <=
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Alexander Terekhov, 2012/10/02
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Alexander Terekhov, 2012/10/02
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Tim Jackson, 2012/10/02
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Alexander Terekhov, 2012/10/04
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Ivan Shmakov, 2012/10/04
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Tim Jackson, 2012/10/04
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Tim Jackson, 2012/10/04
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Alexander Terekhov, 2012/10/04
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Tim Jackson, 2012/10/04
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Tim Jackson, 2012/10/04