Tim Smith <[EMAIL PROTECTED]> writes: > In article <[EMAIL PROTECTED]>, David Kastrup <[EMAIL PROTECTED]> > wrote: >> >> > The copies were pretty clearly made lawfully under GPL. I am clearly >> >> > the >> >> > owner of the copies. So, why can't I take advantage of first sale and >> >> > sell them, without the need of copyright permission? >> >> >> >> Because you agreed not to sell them without source when you accepted the >> >> GPL which you did when you made the copies. >> > >> > Ahhh. But don't you know that the GPL is not a contract (agreement) in >> > the GNU Republic, uncle Hasler? :-) >> >> You can claim either agreement or non-agreement with the conditions. >> Your choice. In the latter case, you had no permission to copy in the >> first place. > > Ah, but note that in my hypothetical, when I made the copies, I had no > intention of distributing them. I was making them for my own use, and > did use all of them. Thus, at the time they were made, they were > "lawfully made".
If I let go of a brick above your head with the firm intention to catch it again, and then I decide otherwise, that's fine? Because there is no duty for people to catch bricks? > It was only later, when they were now just physical junk to me, that I > decide to dispose of them the same way I do with other excess physical > junk. You don't have that choice. > Can that later act retroactively change the creation of the copies > from lawful to unlawful? You stop heeding your part of the deal and you stop having your rights. Simple as that. > I think that if I were making the copies with intent to distribute, > then a good argument could be made that the copies are unlawful. The > court would see this as trying to cheat on the license, and find some > way in equity to bitch slap me. > > But that's not my hypothetical--in my hypothetical there was never any > intent to cheat. It doesn't matter. The law does not require judges to read minds, it relies on facts. If I decide to kill you and later change my mind before I do anything, no law in the world can pursue me for it. Intent is not actionable. Preparations and attempts are. -- David Kastrup, Kriemhildstr. 15, 44793 Bochum _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss