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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 14:28:02 +0100 |
User-agent: |
MicroPlanet-Gravity/3.0.4 |
On Fri, 05 Oct 2012 15:06:33 +0200, Alexander Terekhov wrote...
> As far as distribution is concerned all new copies that I've made are
> lawfully made (with the GPL permission to reproduce) and since I own the
> copies that I've made I'm going to distribute these new copies under
> 'first sale' exception to the exclusive distribution right utterly
> ignoring the GPL 'conditions' for distribution as if the GPL would not
> pretend to convey any distribution right at all.
There you go again, assuming that the European exhaustion doctrine stems
from whether the copy is 'lawfully made'. It doesn't. It stems from
whether the copy has been placed on the European market by or with the
consent of the copyright holder.
The copies you've just made are still sitting on your hard drive or
wherever. They have not yet been placed on the market. Therefore no
rights have yet been exhausted.
When you do come to distribute them, you propose to ignore the GPL
conditions. The copyright holder has not consented to them being placed
on the market like that. Therefore still no rights have been exhausted.
And you are infringing the copyright (because you don't have permission
under the GPL to act that way.)
--
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)
- Message not available
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Alexander Terekhov, 2012/10/11
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Ineiev, 2012/10/11
- Message not available
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Alexander Terekhov, 2012/10/11
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Ineiev, 2012/10/11
- Message not available
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Alexander Terekhov, 2012/10/15
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Ivan Shmakov, 2012/10/12
- Re: [upcoming] The European Court of Justice on 'Software' First Sale, Alexander Terekhov, 2012/10/15
- 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 <=