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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: Thu, 4 Oct 2012 11:37:20 +0100
User-agent: MicroPlanet-Gravity/3.0.4

On Thu, 4 Oct 2012 11:19:33 +0100, Tim Jackson wrote...
> On Thu, 04 Oct 2012 10:00:53 +0200, Alexander Terekhov wrote...
> > 
> > Tim Jackson wrote:
> > [...]
> > > Again, I've emphasised "that copy".  There's no exhaustion of the right
> > > to control the making and distribution of **further** copies.
> > 
> > Don't blend separate statutory rights together - I mean reproduction
> > ("making") and distribution.
> 
> I'm not.

To be clear: There's no exhaustion of the right to control making, 
because the exhaustion doctrine doesn't apply to the reproduction right.  
And there's no exhaustion of the right to control distribution, because 
without the copyleft conditions the copyright holder hasn't consented to 
the copy concerned being placed on the European market.

-- 
Tim Jackson
address@hidden
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