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> Turns out, copyright law is the thing that was broken all along. While copyright law is being used as a legal wedge, the problem isn't just copyright. These
by pdkl95 11y ago
> Turns out, copyright law is the thing that was broken all along.
While copyright law is being used as a legal wedge, the problem isn't just copyright. These arguments are often framed as being about copyright because obscures the other half of the problem, which is how these arguments ignore doctrine of first sale[1].
Case law has been confusing in this area, with cases such as Vernor v. Autodesk, Inc supporting the power grab where "licensing" overrules first sale. Other cases such as UMG v. Augusto reaffirmed that the original author's rights ended at the first sale. In our future that obviously includes software in many, many products, we either strongly reaffirm the right of first sale or we give up ownership[2] to whomever owns the software inside our products.
The DMCA is only part of the problem; this attack on first sale - an attack on the open exchange of culture[4] - has been going on a lot longer than the digital computer has existed.
[1] https://en.wikipedia.org/wiki/First-sale_doctrine https://en.wikipedia.org/wiki/First-sale_doctrine
[2] obviously, the actual copying of the software - instead of repair, resale, or other non-copying[3] uses
[3] if time-shifting is a valid use for betamax (Sony Corp. of America v. Universal City Studios, Inc.), then any incidental, temporary copies of software that art part of normal use is fair use. The nonsense that a license is needed because a copy is made in RAM is patent nonsense.
[4] https://www.ted.com/talks/larry_lessig_says_the_law_is_strangling_creativity https://www.ted.com/talks/larry_lessig_says_the_law_is_stran...
- 6stringmerc 11y agoI'm really with you on this one - getting angry at Copyright's protections being used as a weapon against First Sale is a distracting tangent. Even here with a strong tech audience, and plenty of back-stories and examples even non-technical folks can comprehend, as in iTunes/iBook/etc is selling a licence of a copy and can revoke that copy under select circumstances, IIRC. If I was to come up with an comparable situation, I think it would be people demanding a "No Smoking on the Beach!" ordinance because of the cigarette butts littering the beach, when there's already a law against littering on the beach, but isn't being properly enforced.