On Q2, "copyright", quite literally, means having the right to control the making of copies. In other words, the person who holds copyright dictates how and wh

On Q2, "copyright", quite literally, means having the right to control the making of copies. In other words, the person who holds copyright dictates how and when new copies of the work can be created. However, the first sale doctrine essentially says that once any copies leave the control of the copyright holder (ie they are sold or given away), then ownership -of those copies- becomes a legally protected property right that can be further transferred without consulting with the copyright holder (by transferring the physical object holding the data). What makes a given copy of the CD legitimate is that it was made with permission of the copyright holder. Any future owners can buy, sell or give away that CD as they desire, but they can't make further copies without express permission. This is, in part, why the EFF and others get so worked up over EULA's, because they are an attempt by content creators to keep all of their rights under copyright while not being subject to first sale.