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| From: | Hyman Rosen |
| Subject: | Re: Jacobsen v Katzer, 535 F.3d 1373 overruled by the US Ninth CircuitCourtof Appeals |
| Date: | Tue, 21 Dec 2010 12:37:53 -0500 |
| User-agent: | Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.2.13) Gecko/20101207 Thunderbird/3.1.7 |
On 12/21/2010 12:35 PM, Alexander Terekhov wrote:
Distributing a copy lawfully made under 17 USC by its owner is an act under 17 USC 109 and it doesn't require the copyright permission at all.
Distributing a copy that was made under a personal use license infringes copyright because "lawfully made under this title" includes the restrictions on use. To realize this, imagine the clearer situation of someone setting up a bank of machines to record an over-the-air broadcast and then selling the recordings.
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