On Mon, 2006-02-13 at 08:43 +0100, Alexander Terekhov wrote: > Rui Miguel Silva Seabra wrote: > [...] > > Let's analyse some situations: > > 1. You gave B to a friend > > that's first sale > > Right. > > > 1.1 your friend sold B to someone else > > that's first sale > > Right. > > > 1.2 your friend sold copies of B to other people (B1, B2, etc...) > > that's no longer first sale, that's distribution of new copies > > Wrong. First sale is about distribution of authorized copies by their > owners. The GPL entitles your friend to make copies and he owns them. > So it does fall under first sale and only a contractual covenant can > interfere with your friend's right to distribute all his copies as he > sees fit under first sale and not the GPL.
It is you who are wrong (but I know you will disagree, there's no point for you to reply). "Your friend" can only sell B not copies of B (B1, B2, etc...). That's forbidden under copyright. > > and that can only be done under the terms of the GNU GPL, the > > only license that permits those copies. Otherwise, copyright > > says your friend can't do that. > > > > 2. You sell B to someone else > > that's just like 1.1 > > Right. > > > 2.1 that someone else gives copies of B to other people (B1, B2, etc...) > > that's just like 1.2 > > Except that 1.2 is wrong. Except that *you* are wrong. > > 3. you give copies of B to other people (B1, B2, etc...) > > that's just like 1.2 > > Except that 1.2 is wrong. Except that *you*`are wrong. > > Rui > > 4. Rui sold or gifted copies of B to Terekhov (B1, B2, etc...). Rui > was compliant with the GPL and provided access to source code to > Terekhov. Terekhov is not a party under the GPL agreement regarding > those copies to begin with, and he may resell those copies under > first sale ignoring the GPL altogether. That's where you're wrong. You can't give copies of B under first sale, just B (your copy). Rui
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