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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: Fri, 5 Oct 2012 03:15:50 +0100
User-agent: MicroPlanet-Gravity/3.0.4

On Thu, 04 Oct 2012 20:36:36 +0200, Alexander Terekhov wrote...

> The distribution right comes by statute as addition to the granted
> reproduction right / right to prepare derivative works.

I'm not sure if this is a source of confusion here, but please remember 
that the reproduction right and the distribution right are both 
exclusive statutory rights which belong to the copyright holder.  They 
allow him to *prevent* reproduction and distribution respectively.

Since the copyright holder has the exclusive rights to prevent 
reproduction and distribution, it then follows that he can choose not to 
exercise those rights.  He can allow other people to reproduce and/or 
distribute the work, subject to such conditions as he may decide.

-- 
Tim Jackson
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