logoalt Hacker News

gpmyesterday at 12:03 AM3 repliesview on HN

Here's an appeal to the law, the doctrine of copyright exhaustion (also known as the first sale doctrine) dictates that copyright is exhausted upon the first sale of the device (i.e. to the distributor) and they have no rights to control or prevent further sales.

That the GPL potentially fails to achieve what it intends to is neither a legal argument, nor particularly surprising.


Replies

AnthonyMouseyesterday at 12:34 AM

Wouldn't that imply that end-user license agreements are all unenforceable because the software was sold through a retailer, and even if it wasn't you could just a get a secondhand copy?

show 1 reply
8ytecoderyesterday at 6:58 AM

Distribution agreement is generally different from a sale. Distributors act as agents of the manufacturer. It’s not yet counted as a sale. Most warranties are limited to first owner and do not transfer. How do you think this squares with that? Does it mean I don’t get warranty on the dishwasher I got from Costco? It’s also the same principle of a distributor acting as an agent that enables the manufacturer to have a contract with you.

mr_toadyesterday at 2:02 AM

> first sale doctrine) dictates that copyright is exhausted upon the first sale of the device (i.e. to the distributor).

The copyright doesn’t go away when copies are sold to a distributor. Someone (probably the manufacturer) still has legal obligations to the copyright holder.

show 2 replies