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Re: using GPL api to be used in a properietary software


From: Alexander Terekhov
Subject: Re: using GPL api to be used in a properietary software
Date: Mon, 14 Mar 2005 17:47:41 +0100

David Kastrup wrote:
[...]
> > Combined as in what? Can you print two different stories (bought
> > electronically) on the same sheet of paper (to form a combined
> > printout) or not?
> 
> That certainly falls under fair use _unless_ you choose to
> redistribute them again.  For that you need a licence.

17 USC 109 (known as "copyright exhaustion" in Europe), stupid.

I have all the rights to sell/dispose that sheet of paper. 

Heck, according to

http://arbiter.wipo.int/domains/panel/profiles/hoeren.pdf
(Judge, Court of Appeal of Dusseldorf (Copyright Senate), etc.)

even "contractual limitation of this principle is held to be invalid" 
in Germany, my GNU friend.

http://www.oii.ox.ac.uk/resources/feedback/OIIFB_GPL3_20040903.pdf

"The European Software Directive has provided that the exhaustion 
 of the copy of a program is applied Community-wide by a first sale 
 of that copy in the Community with the consent of the right-holder; 
 once an author has sold a copy of a work, he or she loses the 
 exclusive distribution right with respect to that work. A 
 contractual limitation of this principle is held to be invalid, at 
 least in Germany and Austria."

Oh, Ah, BTW, 

http://groups.google.de/groups?selm=41B063A6.FB9A7B6B%40web.de
http://groups.google.de/groups?selm=41B09B5B.CE0D29FB%40web.de

it went for EURO 6.50 on ebay a couple of weeks ago.

http://cgi.ebay.de/ws/eBayISAPI.dll?ViewItem&item=7133325141

regards,
alexander.


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