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Re: Freaky copyright laws [was: SUN RPC code is DFSG-free]



On Mon, Aug 25, 2003 at 11:11:03PM -0500, Steve Langasek wrote:
> On Tue, Aug 26, 2003 at 02:05:54AM +0200, Wouter Verhelst wrote:
> > * If you create a database, you have the right to
> >   - forbid reuse and/or requesting information from the database.
> >     Obviously, some people want to make some money out of creating a
> >     database :-)
> 
> I don't understand this.  It's self-evident to me that you have the
> right to not provide information to people if you so choose.  How does
> this part of the law change anything?

It doesn't. However, if it wouldn't be present, it would. It's a
required part of the law to make it effective.

> >   - Control the first sale inside the EU. However, you cannot forbid
> >     further sales; once the database has been sold inside the EU (with
> >     the permission of the creator of the database, obviously), the
> >     creator loses his right to control further selling of the database.
> >     Correct me if I'm wrong, but I think this is not the case for
> >     copyrighted works.
> 
> It is the case under any reasonable copyright regime.  There are efforts
> now by various copyright holders to restrict the right of first sale
> through the enactment of shrink wrap licenses with the buyer, but at
> least in the US, copyright law still says that you can re-sell a copy of
> a work that's in your possession.  You just can't copy it.

Hm. I wasn't too clear here, then. My course clearly states that once
it's sold, you have the right to sell copies, too; the original creator
does not have the right to restrict you to sell copies anymore.

The difference between 'sale' and 'license' might be involved here,
though, I'm not sure. As said, IANAL.

-- 
Wouter Verhelst
Debian GNU/Linux -- http://www.debian.org
Nederlandstalige Linux-documentatie -- http://nl.linux.org
"Stop breathing down my neck." "My breathing is merely a simulation."
"So is my neck, stop it anyway!"
  -- Voyager's EMH versus the Prometheus' EMH, stardate 51462.

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