Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: antiRepublicrat

I believe First Sale trumps license terms. It’s about time software companies realize their products have to play by the same rules as all other copyrighted works.


Except that the “rules” (federal law) are different.


3 posted on 09/13/2007 11:26:32 AM PDT by Atlas Sneezed ("We do have tough gun laws in Massachusetts; I support them, I won't chip away at them" -Mitt Romney)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Beelzebubba
Except that the “rules” (federal law) are different.

Copyright, and the DMCA, is federal. 17 U.S.C. §109(a):

Notwithstanding the provisions of section 106 (3), the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord.
I know the precedent is contradictory these days, but the plain language and intent is that First Sale trumps the EULA. It has trumped such attempts for almost a hundred years, and companies should not be able to get around it with semantics.
8 posted on 09/13/2007 11:43:28 AM PDT by antiRepublicrat
[ Post Reply | Private Reply | To 3 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson