[License-discuss] Essential step defense and first sale

[Alexander Terekhov]

All copies (see 17 USC 101) of copylefted works are lawfully made and are
owned by the creators of copies. They all fall under 17 USC 109 and 17 USC
117. Exclusive distribution right was invented to impose tort liability on
those who distribute copies unlawfully made by others and that is
impossible for copylefted works.

Am So., 14. Juli 2019 um 16:01 Uhr schrieb Pamela Chestek <
pamela at chesteklegal.com>:

> On 7/13/2019 6:58 AM, Alexander Terekhov wrote:
>
> The thing is that 17 USC 117 makes the act of running/using software
> unrestricted and 17 USC 109 also severely impedes ability to control
> distribution as far as copyright is concerned. So, you'll have to stick to
> contractual covenants and fight against
> https://en.wikipedia.org/wiki/Efficient_breach ... good luck with that :)
>
>
> In both cases, only if you are the owner of a copy. "Licensees are not
> entitled to the essential step defense." *Vernor v. Autodesk, Inc.*, 621
> F.3d 1102, 1111 (9th Cir. 2010). It is a rare decision that holds that a
> party is an owner of a copy of software rather than a licensee.
>
> Pam
>
> Pamela S. Chestek
> Chestek Legal
> PO Box 2492
> Raleigh, NC 27602
> 919-800-8033
> pamela at chesteklegal.com
> www.chesteklegal.com
> _______________________________________________
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> License-discuss at lists.opensource.org
>
> http://lists.opensource.org/mailman/listinfo/license-discuss_lists.opensource.org
>
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