Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-15 Thread Alexander Terekhov
Ineiev wrote: On 10/11/2012 12:00 PM, Alexander Terekhov wrote: Ineiev wrote: Could you be more specific? what requirements are not fulfilled Signed written form to begin with. Article 1286 (3) maintains that this is not a requirement for licensing computer programs. 1286 (3) is

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-11 Thread Ineiev
On 10/11/2012 02:58 PM, Alexander Terekhov wrote: Ineiev wrote: On 10/10/2012 10:01 AM, Alexander Terekhov wrote: If so be advised that the GPL doesn't fulfil Russian requirements for IP licenses in general... Why? Read the entire chapter 69 (Part 4***) of Russian Civil Code. Read

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-11 Thread Alexander Terekhov
Ineiev wrote: On 10/11/2012 02:58 PM, Alexander Terekhov wrote: Ineiev wrote: On 10/10/2012 10:01 AM, Alexander Terekhov wrote: If so be advised that the GPL doesn't fulfil Russian requirements for IP licenses in general... Why? Read the entire chapter 69 (Part 4***) of Russian

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-11 Thread Ivan Shmakov
Alexander Terekhov terek...@web.de writes: [...] For the upteenth time: the act of copying is perfectly fine and unrestricted under the GPL and other public licenses. ... As long as the other party (i. e., the recipient) accepts the license in full, and remains in full

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-08 Thread Alexander Terekhov
Tim Jackson wrote: [...] More accurately, when were those copies you've just made first placed on the European market with the consent of the copyright holder? They haven't been, you've only just made them. Why then do you believe that they benefit from any exhaustion of the distribution

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-08 Thread Tim Jackson
On Mon, 08 Oct 2012 11:19:04 +0200, Alexander Terekhov wrote... Providing access to copyrighted work with permission to make copies directly by recipients instead of 'trading' material objects with copyrighted work fixed on/in them doesn't change the status of copies lawfully made What it

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-08 Thread Alexander Terekhov
Tim Jackson wrote: On Mon, 08 Oct 2012 11:19:04 +0200, Alexander Terekhov wrote... Providing access to copyrighted work with permission to make copies directly by recipients instead of 'trading' material objects with copyrighted work fixed on/in them doesn't change the status of copies

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-08 Thread Tim Jackson
On Mon, 08 Oct 2012 12:38:39 +0200, Alexander Terekhov wrote... And if you seriously believe that EU version of 'first sale' is somehow very very different from US version then go to doctor. It now appears that not only have you not understood the differences between the EU exhaustion of

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-08 Thread Tim Jackson
On Mon, 08 Oct 2012 16:50:12 +0200, Alexander Terekhov wrote... Unrestricted permission to reproduce (make copies) was placed on the European market with the consent of the copyright holder which is the same as if copyright holder would made and placed on the European market all those copies

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-05 Thread Alexander Terekhov
Tim Jackson wrote: On Thu, 04 Oct 2012 20:36:36 +0200, Alexander Terekhov wrote... The distribution right comes by statute as addition to the granted reproduction right / right to prepare derivative works. I'm not sure if this is a source of confusion here, but please remember that

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-05 Thread Tim Jackson
On Fri, 05 Oct 2012 11:05:35 +0200, Alexander Terekhov wrote... Exclusive distribution right is severely limited by 'first sale' / exhaustion meaning that exclusivity allows to forbid distribution of copies made unlawfully (pirated copies). Distribution of lawfully made copies by owners of

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-05 Thread Alexander Terekhov
Tim Jackson wrote: [... sale ...] Do you seriously believe that gifted copies don't fall under 'first sale'? Do you seriously believe that copies made with permission e.g. 'you may make as many copies verbatim as you like and even create derivatives and make as many copies of those as you like

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-05 Thread Alexander Terekhov
Tim Jackson wrote: [...] Before you can distribute copies, you have to make them. That is only permitted either: (a) in accordance with the conditions of the copyleft licence... And what are the 'conditions' for MAKING copies under copyleft? Again: recall that subsequent act of eventual

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-05 Thread Tim Jackson
On Fri, 05 Oct 2012 14:02:55 +0200, Alexander Terekhov wrote... Tim Jackson wrote: [... sale ...] Do you seriously believe that gifted copies don't fall under 'first sale'? Do you seriously believe that copies made with permission e.g. 'you may make as many copies verbatim as you

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-05 Thread Tim Jackson
On Fri, 05 Oct 2012 14:13:10 +0200, Alexander Terekhov wrote... Tim Jackson wrote: [...] Before you can distribute copies, you have to make them. That is only permitted either: (a) in accordance with the conditions of the copyleft licence... And what are the 'conditions' for

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-05 Thread Alexander Terekhov
Tim Jackson wrote: [...] So yes, certainly the copyright holder can say you can make as many copies as you like. But he can also make that subject to conditions - as a copyleft licence does. Hey, I've downloaded GCC binary package and made several copies of it... what are the GPL

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-05 Thread Alexander Terekhov
Tim Jackson wrote: On Fri, 05 Oct 2012 14:13:10 +0200, Alexander Terekhov wrote... Tim Jackson wrote: [...] Before you can distribute copies, you have to make them. That is only permitted either: (a) in accordance with the conditions of the copyleft licence... And what

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-05 Thread Tim Jackson
On Fri, 05 Oct 2012 14:51:54 +0200, Alexander Terekhov wrote... Tim Jackson wrote: [...] So yes, certainly the copyright holder can say you can make as many copies as you like. But he can also make that subject to conditions - as a copyleft licence does. Hey, I've downloaded GCC

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-05 Thread Tim Jackson
On Fri, 05 Oct 2012 15:07:56 +0200, Alexander Terekhov wrote... Tim Jackson wrote: On Fri, 05 Oct 2012 14:51:54 +0200, Alexander Terekhov wrote... Hey, I've downloaded GCC binary package and made several copies of it... what are the GPL 'conditions' that I should have fulfilled

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-04 Thread Alexander Terekhov
Tim Jackson wrote: [...] Again, I've emphasised that copy. There's no exhaustion of the right to control the making and distribution of **further** copies. Don't blend separate statutory rights together - I mean reproduction (making) and distribution. Exclusive distribution right gives

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-04 Thread Ivan Shmakov
Alexander Terekhov terek...@web.de writes: Tim Jackson wrote: [...] In the context of copyleft and and other public licenses pirated copies simply don't exist Why not? A binary made of copylefted source would be an illegal one, unless accompanied by the exact version of

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-04 Thread Tim Jackson
On Thu, 04 Oct 2012 10:00:53 +0200, Alexander Terekhov wrote... Tim Jackson wrote: [...] Again, I've emphasised that copy. There's no exhaustion of the right to control the making and distribution of **further** copies. Don't blend separate statutory rights together - I mean

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-04 Thread Tim Jackson
On Thu, 4 Oct 2012 11:19:33 +0100, Tim Jackson wrote... On Thu, 04 Oct 2012 10:00:53 +0200, Alexander Terekhov wrote... Tim Jackson wrote: [...] Again, I've emphasised that copy. There's no exhaustion of the right to control the making and distribution of **further** copies.

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-04 Thread Alexander Terekhov
Tim Jackson wrote: [... the copy concerned being placed on the European market ...] Exhaustion of the distribution right covers all lawfully made copies owned by strangers regarding copyright in a work fixated in a copy. A copy does not necessarily have to be transferred to the owner on a

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-04 Thread Tim Jackson
On Thu, 04 Oct 2012 20:36:36 +0200, Alexander Terekhov wrote... Tim Jackson wrote: [... the copy concerned being placed on the European market ...] Exhaustion of the distribution right covers all lawfully made copies owned by strangers regarding copyright in a work fixated in a copy.

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-04 Thread Tim Jackson
On Thu, 04 Oct 2012 20:36:36 +0200, Alexander Terekhov wrote... The distribution right comes by statute as addition to the granted reproduction right / right to prepare derivative works. I'm not sure if this is a source of confusion here, but please remember that the reproduction right and

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-02 Thread Alexander Terekhov
Tim Jackson wrote: [...] How much bearing do you think 17 U.S.C. has on European law? 17 U.S.C. is currently known in European law as Article 5 Exceptions to the restricted acts of DIRECTIVE 2009/24/EC: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:111:0016:0022:EN:PDF

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-02 Thread Alexander Terekhov
Alexander Terekhov wrote: [... 17 U.S.C. 109 and 17 U.S.C. 117 ...] How much bearing do you think 17 U.S.C. has on European law? 17 U.S.C. is currently known in European law as Article 5 ^ | 117 ---+ Exceptions to the restricted acts of DIRECTIVE 2009/24/EC:

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-02 Thread Tim Jackson
On Tue, 02 Oct 2012 10:19:12 +0200, Alexander Terekhov wrote... Alexander Terekhov wrote: [... 17 U.S.C. 109 and 17 U.S.C. 117 ...] How much bearing do you think 17 U.S.C. has on European law? 17 U.S.C. is currently known in European law as Article 5 ^ |

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-01 Thread Alexander Terekhov
Richard Tobin wrote: In article 5065832f.12351...@web.de, Alexander Terekhov terek...@web.de wrote: Thus copies made under copyleft (and other public licenses) fall under exhaustion doctrine preventing copyright owners (licensors) using tort theory (copyright infringement claims)

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-10-01 Thread Tim Jackson
On Mon, 01 Oct 2012 10:34:49 +0200, Alexander Terekhov wrote... You seem to not grok a rather simple concept: lawful ownership of a copy incorporating work verbatim or even a copy incorporating derivative work gives the owner of that copy all the rights to distribute **that copy** without

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-09-28 Thread Alexander Terekhov
Ivan Shmakov wrote: Alexander Terekhov terek...@web.de writes: [Dropping news:comp.os.linux.advocacy, for nntp://aioe.org/ is unlikely to allow it.] Official death of copyleft in EU: http://www.gamerlaw.co.uk/2012/07/legality-of-second-hand-sales-in-eu.html

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-09-28 Thread Richard Tobin
In article 5065832f.12351...@web.de, Alexander Terekhov terek...@web.de wrote: Thus copies made under copyleft (and other public licenses) fall under exhaustion doctrine preventing copyright owners (licensors) using tort theory (copyright infringement claims) regarding control of terms and

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-09-28 Thread Tim Jackson
On Fri, 28 Sep 2012 12:59:59 +0200, Alexander Terekhov wrote... Thus copies made under copyleft (and other public licenses) fall under exhaustion doctrine preventing copyright owners (licensors) using tort theory (copyright infringement claims) regarding control of terms and conditions for

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-09-26 Thread Ivan Shmakov
Alexander Terekhov terek...@web.de writes: [Dropping news:comp.os.linux.advocacy, for nntp://aioe.org/ is unlikely to allow it.] Official death of copyleft in EU: http://www.gamerlaw.co.uk/2012/07/legality-of-second-hand-sales-in-eu.html Well, thanks for an early

Re: [upcoming] The European Court of Justice on 'Software' First Sale

2012-09-25 Thread Alexander Terekhov
Official death of copyleft in EU: http://www.gamerlaw.co.uk/2012/07/legality-of-second-hand-sales-in-eu.html ... The case related to a dispute between software companies Oracle and UsedSoft over whether UsedSoft could sell businesses and consumers used licences for Oracle software without