3 ms·
The remarks about commercial distribution of the Danger from the Deep CC By-Nc-Nd assets do make me wonder if the Non-Commercial clause can stand up in court.
by Pinckney 16y ago
The remarks about commercial distribution of the Danger from the Deep CC By-Nc-Nd assets do make me wonder if the Non-Commercial clause can stand up in court.
Consider, by analogy, that I produce a product FOO, which I sell for $1 as a download. It includes a license prohibiting commercial distribution, but this license is not visible to the consumer before purchase and download. Supposing the purchaser simply stores the software, but does not run it nor agree to the terms of the license. They burn it to a CD, delete the original copy, and sell it for $10. They have never been exposed to the license, so Vernor v. Autodesk does not apply, and their redistribution is protected by the first sale doctrine.
Suppose instead that I distribute BAR freely under the same license and conditions. The reseller, having lawfully downloaded a copy of the work, burned it to CD, deleted the original work, but having never been exposed to the license, will also argue that they have a protected right to resell the work, under the first sale doctrine.
The question: Does the First Sale Doctrine distinguish between works that are sold, and those that are distributed freely?
- EGreg 16y agoI guess the answer is basically this: under case law and statutory law, the person can resell one copy of it for any price if they have never been exposed to the license. However, the judge/jury may not believe that is likely. They may invoke some tort or delict saying that you should at least look at a work's license before selling it to someone else. In any case, you cannot make a copy of the product and must resell the original product which you bought, due to copyright law. Personally, I don't think copyright models reality really well, so there will be lots of these problems.