In article <[EMAIL PROTECTED]>, John Hasler <[EMAIL PROTECTED]> wrote: > In order to be a first sale under the intent of the law. "First sale" > clearly contemplates a transaction such as walking into a bookstore, > grabbing a book, plunking down $20, and walking out. You propose a
A sale is not required, though. All that's required is that the person distributing own the copy they are distributing, and that it was legally acquired. In particular, it applies to copies that were given away for free. There was an important case about that recently, where a record company gave away promo CDs to radio stations and others, clearly marked as for promotional use only and not for resale. Some of the stations disposed of the CDs, where they ended up in second hand stores, and defendant bought them and sold them on eBay. The record company said this was a no-no. They court said that once the record company gave them away, first sale applied. It doesn't matter that they were gifts. -- --Tim Smith _______________________________________________ gnu-misc-discuss mailing list gnu-misc-discuss@gnu.org http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
