SFLC will love the 7th Circuit

John Cowan cowan at ccil.org
Mon Oct 15 23:16:18 UTC 2007


Philippe Verdy scripsit:

> This won't apply to the Linux kernel, that Google did not originate itself,
> so when it distributes it, it remains under the obligation of the Linux
> licence. This is not a First Sale distribution, because Google has no
> exclusive right on this kernel 

The first-sale doctrine refers to the sale of physical objects that
embody the fixation of a copyrighted work, such as a book on paper or
CD or a computer program in a device.  The owner of the object can sell
it without the permission of the copyright owner.

> this would require thousands of separate non-GPL licence agreements
> with ALL those authors, accepting to relicence their code in a way that can
> be sublicenced by Google). 

This turns out not to be the case either.

-- 
John Cowan   cowan at ccil.org  http://www.ccil.org/~cowan
Most languages are dramatically underdescribed, and at least one is
dramatically overdescribed.  Still other languages are simultaneously
overdescribed and underdescribed.  Welsh pertains to the third category.
        --Alan King



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