Hyman Rosen wrote: > > On 12/21/2010 12:35 PM, Alexander Terekhov wrote: > > Distributing a copy lawfully made under 17 USC by its owner is an act > > under 17 USC 109 and it doesn't require the copyright permission > > at all. > > Distributing a copy that was made under a personal use license > infringes copyright because "lawfully made under this title" > includes the restrictions on use. To realize this, imagine the
You're in denial, Hyman. http://ftp.resource.org/courts.gov/c/F2/550/550.F2d.1180.76-1141.html "In Independent News, plaintiffs, the distributor, publisher, and copyright owner of comic books, sought to enjoin the defendant, a second-hand periodical dealer, from selling comics which plaintiff's wholesaler had sold for scrap to waste paper dealers, who in turn resold them to defendant. In upholding the district court's denial of the injunction, the Third Circuit found, inter alia, that defendant's sale of the comics did not constitute copyright infringement since plaintiffs had engaged in a first sale of the comics. The court so held even though there was a contract between the distributor and the wholesaler that the wholesaler would dispose of the comics "for no other purpose than waste paper". "In Wells the court granted defendant's motion for acquittal on eight counts of criminal infringement of the copyright of aerial survey maps owned by Edgar Tobin. Tobin had licensed 107 of his customers to manufacture reproductions of his maps for their own use. Defendant was charged with selling, without authorization, copies of Tobin's copyrighted maps. The pivotal issue was whether the copies sold by the defendant were copies which had been the subject of a first sale, thereby terminating their statutory protection: ". . . If title has been retained by the copyright proprietor, the copy remains under the protection of the copyright law, and infringement proceedings may be had against all subsequent possessors of the copy who interfere with the copyright proprietor's exclusive right to vend the copyrighted work. If title has passed to a first purchaser, though, the copy loses the protection of the copyright law as discussed above." 176 F.Supp. at 633-634. The court found that "there has been no showing on the record that the copies of the aerial survey maps were not published by a lawful licensee of the copyright proprietor or that title to these copies was retained at all times by the copyright proprietor". 176 F.Supp. at 633. Since the Tobin license did not specify that title to the reproduced maps was to remain in Tobin, title to the maps belonged to the licensees who, under the first sale doctrine, were free to resell the maps. The court concluded: "Lacking the protection of the copyright law, there can be no infringement, and defendant should be acquitted." 176 F.Supp. at 634." regards, alexander. -- http://gng.z505.com/index.htm (GNG is a derecursive recursive derecursion which pwns GNU since it can be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards too, whereas GNU cannot.) _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
