Alexander Terekhov wrote: [...] > consequence, the GPL'd stuff should be exempt from "first sale"... > other bizarre legal constructions of his own (together with his > friend Metzger) creation aside for a moment.
Well, looks like that in the meantime, the fellows have realized that exemption from first sale won't fly. They have yet to discover that copies created in the course of downloading from the authorized distributor (not the same as mere displays [on the net] of "all rights reserved" source code, and etc. "displays" not conveying ownership to the downloaded copies) also fall under the first sale (and that at least in US where it is statutory under 17 USC 117, subsequent distribution of such a copy can be accompanied by additional copy in object code form which is necessary to run software... as part of "mere aggregation" with some other "library" stuff or whatnot). http://www.dipp.nrw.de/d-fsl/lizenzen/en/D-FSL-1_0_en.html <quote> German Free Software License (c) Ministry of Science and Research, State of North-Rhine Westphalia 2004 Developed and created by Axel Metzger and Till Jaeger, Institut für Rechtsfragen der Freien und Open Source Software (Institute for Legal Issues On Free and Open Source Software), http://www.ifross.de. [...] Section 5 Conclusion of the Contract (1) With this License you and any other person are offered the conclusion of a contract for the use of this Program under the conditions of this License. (2) You may use the Program in accordance with the applicable statutory provisions for the intended purpose without having to accept this License. In the European Union and in most other legal systems, this right in particular includes the following authorizations: 1. Running of the Program as well as reproducing on hard-drive and RAM required for this; 2. Making of a back-up copy; 3. Correcting errors; 4. Distributing a lawfully acquired physical copy of the Program. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ (3) You declare your acceptance of this License by distributing the Program, making it publicly available, modifying or reproducing it in a way that goes beyond the intended use in the sense of Subsection 2. From this time on, this License shall be deemed as a legally binding agreement between the Entitled Persons and you, without the need for the Entitled Persons to obtain a declaration of acceptance. </quote> BTW, see also http://www.crynwr.com/cgi-bin/ezmlm-cgi?3:aas:9102 regards, alexander. _______________________________________________ Gnu-misc-discuss mailing list Gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss