[License-discuss] Essential step defense and first sale

Alexander Terekhov herr.alter at gmail.com
Thu Jul 18 02:53:02 UTC 2019


"... And look at a comment submitted
according to Terekhov, by Hollaar to the FSF during the rewriting of the

This is not a correct statement of copyright law, at least in the United
States. With respect to "propagate", it is likely a tautology because of
the defintion of "propagate" covering only things "that require permission
under applicable copyright law". But for "modify", 17 U.S.C. 117 permits
the "owner of a copy of a computer program" to make an "adaptation" in
particular circumstances, and makes it clear that making that adaptation
does not "infringe copyright if you do not accept this License." It also
does not seem to recognize the "first sale" doctrine codified in 17 U.S.C.
109, that permits the transfer of a lawfully-made copy "without the
authority of the copyright owner". Perhaps the interplay between the
definition of "propagate" and this section covers it, but it is certainly
not made clear and, in fact, misleads one in thinking that the only way to
redistribute a lawful copy is to accept the License.


Am Mi., 17. Juli 2019 um 23:46 Uhr schrieb Thorsten Glaser <tg at mirbsd.de>:

> Alexander Terekhov dixit:
> >"But there is one more important result here. Do you remember all the
> >predictions on message boards all over the web by anti-GPL activists
> >like Alexander Terekhov that someone could get a copy of Linux, under
> >the GPL, and then make copies and sell them under another license,
> There’s a _tiny_ difference between “I don’t use my copy of this
> software any more, let’s sell it” and “let me create new copies
> and sell these”.
> Furthermore, nothing prevents you from selling copies of software
> under the GNU GPL, you just have to give them the source code as
> well. Whether you get any sold is the other question (incidentally
> my employer does).
> But the first is a move. I don’t retain any rights to the copy of
> used software I sell any more. This is a basic thing.
> bye,
> //mirabilos
> --
> This space for rent.
> https://paypal.me/mirabilos to support my work.
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