Re: LGPL reverse engineering clause & Java

[David Kastrup]

Alexander Terekhov <terekhov@web.de> writes:

> David Kastrup wrote:
> [...]
>> > Yeah. That <https://microsoft.order-9.com/winxp64> also has "Terms of
>> > Use" ("you may not <blah blah>" link/page). But I've accepted nothing,
>> > to begin with.
>> 
>> Fine, but then you have no rights to the software in question except
>> those granted by copyright (which do not include redistribution). 
>                                                    ^^^^^^^^^^^^^^
>
> 17 USC 109, stupid.

Oh, the usual "Alexander is out of arguments tag" again.
Redistribution is not the same as passing on an acquired tangible
copy.

> One significant effect of § 109(a) is to limit the exclusive right 
> to distribute copies to their first voluntary disposition, and thus 
> negate copyright owner control over further or .downstream. transfer 
> to a third party. Quality King Distrib. v. L.Anza Research Int.l, 
> Inc., 523 U.S. 135, 142-44 (1998).

"Copy" in this context means a tangible copy.  You are not allowed to
produce copies of your own, merely to pass on a tangible copy that you
received for an exchange of consideration with the copyright owner.

> Adobe argues that the first sale doctrine does not apply because
> Adobe does not sell or authorize any sale of its software. Adobe
> characterizes each transaction throughout the entire stream of
> commerce as a license.8 Adobe asserts that its license defines the
> relationship between Adobe and any third-party such that a breach of
> the license constitutes copyright infringement. This assertion is
> not accurate because copyright law in fact provides certain rights
> to owners of a particular copy.

So what makes you an owner of an authorized tangible copy?  And how do
you pass it on without copying it of your own?

-- 
David Kastrup, Kriemhildstr. 15, 44793 Bochum