On 12/18/06, David Schwartz <[email protected]> wrote:
> First sale has nothing to do with this. First sale applies to the
> redistribution or resale of copies you have purchased, not with the
> right to make additional copies.
First sale is exactly what this is about. Nobody needs to make "additional
copies" of the Linux kernel because I can download a thousand of them from a
computer operated by the guy in the office down the hall from me.
---
This is an interesting argument that was new to me. However, it is not
clear at all that First Sale applies to intangible copies. And it's
not clear that there is a sale involved, legally. Again, IANAL, but I
think this is seriously untested ground.
scott
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