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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: |
Fri, 5 Oct 2012 13:28:18 +0100 |
User-agent: |
MicroPlanet-Gravity/3.0.4 |
On Fri, 05 Oct 2012 14:02:55 +0200, Alexander Terekhov wrote...
>
> Tim Jackson wrote:
>
> [... sale ...]
>
> Do you seriously believe that gifted copies don't fall under 'first
> sale'?
>
> Do you seriously believe that copies made with permission e.g. 'you may
> make as many copies verbatim as you like and even create derivatives and
> make as many copies of those as you like as well... both in exchange for
> nothing' (gratis permission) don't fall under 'first sale'?
Sure, I don't believe that 'first sale' is the only aspect of the
exhaustion doctrine. There is more to it than just sales. I told you
that Article 4(2) is just the tip of 50 years of case law on the topic
of exhaustion.
But so what? You are not addressing the real issues.
E.g. that the copyright holder's right to control the making of copies -
his reproduction right - is not subject to the exhaustion doctrine
anyway. That's true whether or not you call it 'first sale', and
whether or not it is triggered by a gift. It just doesn't apply to the
*making* of copies.
So yes, certainly the copyright holder can say "you can make as many
copies as you like". But he can also make that subject to conditions -
as a copyleft licence does.
Since he does that under his right to control reproduction, and since
that reproduction right is not subject to the exhaustion doctrine, the
copyleft licence conditions continue to be effective.
And the CJEU decision only permits a replacement copy to permit the
software to be used. It doesn't permit any further copies to be made.
It doesn't exhaust anything.
--
Tim Jackson
news@timjackson.invalid
(Change '.invalid' to '.plus.com' to reply direct)
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, (continued)
- 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
- 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, 2012/10/05
- 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
- 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, 2012/10/08
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Tim Jackson, 2012/10/08
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Alexander Terekhov, 2012/10/08
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Tim Jackson, 2012/10/08
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Alexander Terekhov, 2012/10/08
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Tim Jackson, 2012/10/08