Technology Liberation Front - Latest Comments in First Sale and the GPL

Re: First Sale and the GPL

eee_eff — Thu, 06 Sep 2007 23:09:51 -0000

Tim:

Your pointsmake goodsense, and it was quite obvious that Blafkins posst was really just smoke and mirrors--I start to wonder why they even bother.

It is clear that there is a lot of smoke being put out by the anti-free software camp, and sites such as Groklaw and posts such as this have done a good job at deflecting the dis-information campaign.

I'd like to see TLF cover the standards fight over the OOXML file format. That's getting interesting.

Re: First Sale and the GPL

Charles — Thu, 06 Sep 2007 09:32:32 -0000

I gues that's what Joe Gratz says above is the answer to Blafkin. The GPL deals in copying and derivative work, while the first sale doctrine deals in redistribution.

If you buy a copy of a GPL-licensed work, there's nothing that prevents you from deleting the installed software from your computer, putting the CD back in the box and selling it for 5$ at a yard sale.

What the GPL enables you to do is to make copies of the work and it limits how you may license derivative works.

Different issues there.

Re: First Sale and the GPL

Joe Gratz — Wed, 05 Sep 2007 17:49:33 -0000

Your most important point is your second one. At least as codified in 17 U.S.C. 109, the First Sale Doctrine by its very terms deals only with violations of the exclusive right set forth in 17 U.S.C. 106(3) -- the right "to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending".