Re: [upcoming] The European Court of Justice on 'Software' First Sale

[Alexander Terekhov]

Tim Jackson wrote:
> 
> On Thu, 04 Oct 2012 20:36:36 +0200, Alexander Terekhov wrote...
> 
> > The distribution right comes by statute as addition to the granted
> > reproduction right / right to prepare derivative works.
> 
> I'm not sure if this is a source of confusion here, but please remember
> that the reproduction right and the distribution right are both
> exclusive statutory rights which belong to the copyright holder.  They
> allow him to *prevent* reproduction and distribution respectively.

Exclusive distribution right is severely limited by 'first sale' /
exhaustion meaning that exclusivity allows to forbid distribution of
copies made unlawfully (pirated copies). Distribution of lawfully made
copies by owners of copies are not covered by the exclusive distribution
right of the copyright owners.

Do you agree that in the context of copyleft and other public licenses
it is simply impossible to make a copy in machine readable form
unlawfully?

If not then give an example but forget about eventual subsequent
distribution of that copy for a moment (that is another act shielded by
the doctrine of exhaustion).