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Re: [upcoming] The European Court of Justice on 'Software' First Sale


From: Alexander Terekhov
Subject: Re: [upcoming] The European Court of Justice on 'Software' First Sale
Date: Fri, 28 Sep 2012 12:59:59 +0200

Ivan Shmakov wrote:
> 
> >>>>> Alexander Terekhov <address@hidden> writes:
> 
>         [Dropping news:comp.os.linux.advocacy, for nntp://aioe.org/ is
>         unlikely to allow it.]
> 
>  > Official death of copyleft in EU:
> 
>  > http://www.gamerlaw.co.uk/2012/07/legality-of-second-hand-sales-in-eu.html
> 
>         Well, thanks for an early warning, but frankly, I don't quite
>         understand what it has to do with copyleft?

Copies made under copyleft (and other public licenses) are not pirated
(illegal).

Copies made under copyleft (and other public licenses) are lawfully made
and initially are owned by the licensees (legal persons making use of
the reproduction right... downloading without a license contract aside
for a moment).

Thus copies made under copyleft (and other public licenses) fall under
exhaustion doctrine preventing copyright owners (licensors) using tort
theory (copyright infringement claims) regarding control of terms and
conditions for further distribution.

Got it now?


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