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


From: Ivan Shmakov
Subject: Re: [upcoming] The European Court of Justice on 'Software' First Sale
Date: Tue, 09 Oct 2012 16:59:40 +0700
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.2 (gnu/linux)

>>>>> Alexander Terekhov <address@hidden> writes:
>>>>> Tim Jackson wrote:

 >> (Hint: Differences include the fact that one uses the term "lawfully
 >> made" while the other doesn't.  Similarities include the fact that
 >> both relate only to the sale or transfer or other disposal of "that
 >> copy".  Not to the creation of new copies from it.)

[...]

 > again: creation of new copies in the case of GCC is perfectly fine
 > and unrestricted thanks to the GPL's reproduction permission.

        It isn't.  ... /Until/ (and /unless/) one /accepts/ GNU GPL
        (with /all/ its permissions and restrictions) first.

        Should a copy be made that doesn't comply with /all/ the GNU GPL
        conditions (such as: a binary made from a modified source
        without that source being made available) -- it's an infringing
        copy, which one is /not/ allowed to distribute (AIUI) under
        either doctrine.

        Thus...  Long live copyleft!

[...]

PS.  And thanks Tim Jackson for the valuable comments on the subject.

-- 
FSF associate member #7257


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