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RE: [dvd-discuss] Interesting 1st sale-shrinkwrap-EULA-(c) infringementcase
- To: dvd-discuss(at)cyber.law.harvard.edu
- Subject: RE: [dvd-discuss] Interesting 1st sale-shrinkwrap-EULA-(c) infringementcase
- From: Noah silva <nsilva(at)atari-source.com>
- Date: Fri, 2 Nov 2001 11:16:17 -0500 (EST)
- In-Reply-To: <email@example.com>
- Reply-To: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
> > "Congress recognized the problem, and, in 1990, amended the first sale
> > doctribe as it applies to computer programs and phonorecords. As amended,
> > the first sale doctrine permits only non-profit libraries and educational
> > institutions to lend or lease copies of software and phonorecords."
> > First of all, what was "the problem"? (obviously people renting software,
> > but why was this a problem?! You shouldn't be allowed to rent something
> > you own?)
> The problem is that first sale grants software owners the right to use the
> software on "a" machine. If the software is the kind that installs itself onto
> your computer, then the software rental business has no way to verify that each
> purchased copy is only on one machine at a time, and we all know that it
> probably wouldn't be.
True, but if it isn't, then it is the renter who is at fault for not
deleting it. Also, what if it runs from the CD? I can rent out my book,
someone could copy it, but that wouldn't be my fault.
> > Secondly... couldn't anyone wanting to make a CD rental store just
> > organize it as an education institution or non-profit organization?
> As long as this wasn't a sham.
Well.. define sham. Non-profit corperations don't turn a profit, but
their members get paid. You could open a corperation that pays out all
it's revenues to its employees... am I mising something?
(also, this doesn't apply to videos? Those are "licensed" to
blockbuster?) Again, you could sell and accept returns minus a
"restocking" fee instead.
-- noah silva