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Subject: Re: Licensing question about the BSD - msg#00107

List: org.gnu.discuss

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John Hasler wrote: ...

You're (almost totally) wrong, and (plonked) GNUtian dak is (mostly)
right. "The right to access the copyrighted content must not be
confused with the incidental possession of the object that facilitates
practical exercise of the right. It is access to the copyrighted
material which has been parted with by the copyright owner in first
sale, and it is that right of access which is alienable under the
first sale doctrine, regardless of whether it is facilitated by
tangible or intangible means." -- "These Reply Comments are submitted
on behalf of the American Library Association, Association of Research
Libraries, American Association of Law Libraries, Medical Library
Association and Special Libraries Association (the "Libraries"), in
response to comments submitted pursuant to the Copyright Office's
Request for Public Comment dated June 5, 2000."

regards,
alexander.


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Re: Licensing question about the BSD

I wrote: > In that case you do own the physical copies David Kastrup writes: > Wrong. You own the media, not the content. TITLE 17 > CHAPTER 1 > § 101: Copies are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term copies includes the material object, other than a phonorecord, in which the work is first fixed. > Because of the content to which you have no claim of ownership. The only sense in which one may "own content" is as shorthand for "own the copyright". And one can certainly own copies of a work without owning the copyright in it. If I create a copy of a work in which you own the copyright out of materials I own I may infringe your copyright in doing so but I still own the copy. -- John Hasler john@xxxxxxxxxx Dancing Horse Hill Elmwood, WI USA

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Re: Licensing question about the BSD

Alexander Terekhov wrote: [...] > GNUtian dak is (mostly) right Gifts (in the context of this thread: accepted unilateral copyright grants) also fall under '"first sale". Price is irrelevant. Territorial hint: see the so called Linux-Klausel in the most recent UrhG, my dear (plonked) GNUtian dak. regards, alexander.

Previous Message by Thread: click to view message preview

Re: Licensing question about the BSD

I wrote: > In that case you do own the physical copies David Kastrup writes: > Wrong. You own the media, not the content. TITLE 17 > CHAPTER 1 > § 101: Copies are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term copies includes the material object, other than a phonorecord, in which the work is first fixed. > Because of the content to which you have no claim of ownership. The only sense in which one may "own content" is as shorthand for "own the copyright". And one can certainly own copies of a work without owning the copyright in it. If I create a copy of a work in which you own the copyright out of materials I own I may infringe your copyright in doing so but I still own the copy. -- John Hasler john@xxxxxxxxxx Dancing Horse Hill Elmwood, WI USA

Next Message by Thread: click to view message preview

Re: Licensing question about the BSD

Alexander Terekhov wrote: [...] > GNUtian dak is (mostly) right Gifts (in the context of this thread: accepted unilateral copyright grants) also fall under '"first sale". Price is irrelevant. Territorial hint: see the so called Linux-Klausel in the most recent UrhG, my dear (plonked) GNUtian dak. regards, alexander.
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