Re: First sale according to Terekov

[Rui Miguel Silva Seabra]

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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