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Date:      Sat, 06 Apr 2002 15:36:51 -0800
From:      Terry Lambert <tlambert2@mindspring.com>
To:        Ian Pulsford <ianjp@optusnet.com.au>, Dag-Erling Smorgrav <des@ofug.org>, freebsd-chat@FreeBSD.ORG
Subject:   Re: Abuses of the BSD license?
Message-ID:  <3CAF8693.11F3A122@mindspring.com>
References:  <200204051922.06556@silver.dt1.binity.net> <3CAE7037.801FB15F@optusnet.com.au> <3CAEA028.186ED53E@optusnet.com.au> <xzpd6xdqboj.fsf@flood.ping.uio.no> <3CAEFFAF.5C31E634@optusnet.com.au> <3CAF78E0.5EBD3351@mindspring.com>

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Terry Lambert wrote:
> It depends on whether you own the CDROM media, or not, at
> least in the United States.  The US has a doctorine called
> "first use", in which, if you buy something, and own it,
> then you can dictate what people can and can not do with it.
> 
> This has been tested in courts many times, in video piracy,
> software piracy, and CD, record, and tape resale cases.
> 
> Simply put, the doctorine permits you to copy the contents
> of media you own for your own use, as many times as you want,
> and you are even legally permitted to give away these copies
> (but it is illegal for you to sell them).

Just to clarify: it is also illegal for the people receiving
the legal copies to copy the contents, or give away copies,
since they are not the first users.

Transfer of ownership removes "first use" protection from you,
and gives it to the person to whom you transferred posession.

It's amusing that, when this happens, you are not permitted to
keep copies you made for yourself, you have to recopy, with
the permission of the first owner.  Also, people who you gave
the copies to can not give the copies back.

This was actually used in a video piracy case to convict on
the basis of 3 tapes... out of the approximately 10,000 in
the persons collection, only 3 were technically "pirated".

-- Terry

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