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Re: "Adobe Open Source License" GPL compatible?


From: David Kastrup
Subject: Re: "Adobe Open Source License" GPL compatible?
Date: Tue, 12 Apr 2005 17:06:29 +0200
User-agent: Gnus/5.11 (Gnus v5.11) Emacs/22.0.50 (gnu/linux)

Rui Miguel Seabra <address@hidden> writes:

> On Tue, 2005-04-12 at 14:18 +0200, Alexander Terekhov wrote:
>> Rui Miguel Seabra wrote:
>> [...]
>> > Because those that have somewhat more insight, see that your
>> > arguments do not apply, because you're talking of a radically
>> > different concept (first sale doctrine) than (re)distribution as
>> > if they where the exact same thing.
>> 
>> They may well be radically different concepts under GNU Copyright 
>> Law (I know that you have much more insight regarding it than me). 
>
> What happens to ONE copy, wheter it is in your hands alone, or if
> you gave THAT copy to someone else, that's first sale.

Correction: if there is an exchange of interests.  You can't claim
first sale rights without a benefit for the "seller".  The
redistribution of explicit _promotional_ material or stuff that is
part of a support of other products for which you have commercial
interests would probably count as such.  But as long as the benefits
of the transaction are completely one-sided, there are no rights
transferred.

>> As for US CODE: Title 17, "(re)distribution" is nonexistent and
>> "first sale" limitation on exclusive distribution right is quite
>> real.
>
> But you can't MAKE COPIES of YOUR copy and (re)DISTRIBUTE them
> unless you have distribution rights.  This is plain default
> copyright law.

-- 
David Kastrup, Kriemhildstr. 15, 44793 Bochum


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