On Fri, 05 Oct 2012 14:02:55 +0200, Alexander Terekhov wrote... > > Tim Jackson wrote: > > [... sale ...] > > Do you seriously believe that gifted copies don't fall under 'first > sale'? > > Do you seriously believe that copies made with permission e.g. 'you may > make as many copies verbatim as you like and even create derivatives and > make as many copies of those as you like as well... both in exchange for > nothing' (gratis permission) don't fall under 'first sale'?
Sure, I don't believe that 'first sale' is the only aspect of the exhaustion doctrine. There is more to it than just sales. I told you that Article 4(2) is just the tip of 50 years of case law on the topic of exhaustion. But so what? You are not addressing the real issues. E.g. that the copyright holder's right to control the making of copies - his reproduction right - is not subject to the exhaustion doctrine anyway. That's true whether or not you call it 'first sale', and whether or not it is triggered by a gift. It just doesn't apply to the *making* of copies. So yes, certainly the copyright holder can say "you can make as many copies as you like". But he can also make that subject to conditions - as a copyleft licence does. Since he does that under his right to control reproduction, and since that reproduction right is not subject to the exhaustion doctrine, the copyleft licence conditions continue to be effective. And the CJEU decision only permits a replacement copy to permit the software to be used. It doesn't permit any further copies to be made. It doesn't exhaust anything. -- Tim Jackson [email protected] (Change '.invalid' to '.plus.com' to reply direct) _______________________________________________ gnu-misc-discuss mailing list [email protected] https://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
