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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: "Michael A Rolenz" <Michael.A.Rolenz(at)aero.org>
- Date: Fri, 2 Nov 2001 09:06:15 -0800
- Reply-To: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
A non-profit corporation is not a corporation that does not make a profit.
It must be incorporated by the state as such and has restrictions upon
what it can and cannot do. If the state decides that your non-profit CD
rental doesn't fit it's definition of non-profit you won't be incorporated
as a nonprofit.
Noah silva <firstname.lastname@example.org>
Sent by: email@example.com
11/02/01 08:16 AM
Please respond to dvd-discuss
Subject: RE: [dvd-discuss] Interesting 1st sale-shrinkwrap-EULA-(c)
> > "Congress recognized the problem, and, in 1990, amended the first sale
> > doctribe as it applies to computer programs and phonorecords. As
> > the first sale doctrine permits only non-profit libraries and
> > institutions to lend or lease copies of software and phonorecords."
> > First of all, what was "the problem"? (obviously people renting
> > but why was this a problem?! You shouldn't be allowed to rent
> > you own?)
> The problem is that first sale grants software owners the right to use
> software on "a" machine. If the software is the kind that installs
> your computer, then the software rental business has no way to verify
> 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