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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: |
Tue, 2 Oct 2012 11:30:31 +0100 |
User-agent: |
MicroPlanet-Gravity/3.0.4 |
On Tue, 02 Oct 2012 10:19:12 +0200, Alexander Terekhov wrote...
>
> Alexander Terekhov wrote:
>
> [... 17 U.S.C. 109 and 17 U.S.C. 117 ...]
>
> > > How much bearing do you think 17 U.S.C. has on European law?
> >
> > 17 U.S.C. is currently known in European law as Article 5
> ^
> |
> 117 -------+
>
> > "Exceptions to the restricted acts" of DIRECTIVE 2009/24/EC:
> >
> > http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:111:0016:0022:EN:PDF
> >
> > "Article 5
> >
> > Exceptions to the restricted acts
> >
> > 1. In the absence of specific contractual provisions, the
> > acts referred to in points (a) and (b) of Article 4(1) shall
> > not require authorisation by the rightholder where they are
> > necessary for the use of the computer program by the lawful
> > acquirer in accordance with its intended purpose, including
> > for error correction.
> >
> > 2. The making of a back-up copy by a person having a right
> > to use the computer program may not be prevented by contract
> > in so far as it is necessary for that use.
> >
> > ..."
So a lawful acquirer of a copy of copylefted software can do the same
things as if the software was non-free - such as error correction and
and making a back-up. But ony to facilitate the use of that specifc
copy. Nothing more. This doesn't permit the making and distribution of
further copies.
Big deal.
> 17 U.S.C. 109 is currently known in European law as Article 4(2):
>
> "2. The first sale in the Community of a copy of a program
> by the rightholder or with his consent shall exhaust the
> distribution right within the Community of **that copy,** with
> the exception of the right to control further rental of the
> program or a copy thereof."
Again, I've emphasised "that copy". There's no exhaustion of the right
to control the making and distribution of **further** copies.
--
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, 2012/10/01
- 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 <=
- 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
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Alexander Terekhov, 2012/10/05
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Tim Jackson, 2012/10/05
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Alexander Terekhov, 2012/10/05