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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 14:37:09 +0100
User-agent: MicroPlanet-Gravity/3.0.4

On Fri, 05 Oct 2012 15:07:56 +0200, Alexander Terekhov wrote...
> 
> Tim Jackson wrote:
> > 
> > On Fri, 05 Oct 2012 14:51:54 +0200, Alexander Terekhov wrote...
> > >
> > > Hey, I've downloaded GCC binary package and made several copies of it...
> > > what are the GPL 'conditions' that I should have fulfilled for the act
> > > of making copies?
> > 
> > But you can only distribute those copies in accordance with the GPL
> > conditions.
> 
> Nope, distribution under 'first sale' exception is good enough for me.

OK, those consider those copies that you've just made on your own 
computer, that you've not yet distributed.  When were they first sold?  
They haven't been, you've only just made them.  Why then do you believe 
that they benefit from a 'first sale' exception?

More accurately, when were those copies you've just made first placed on 
the European market with the consent of the copyright holder?  They 
haven't been, you've only just made them.  Why then do you believe that 
they benefit from any exhaustion of the distribution right?

-- 
Tim Jackson
address@hidden
(Change '.invalid' to '.plus.com' to reply direct)


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