3 ms·

This sort of crap was banned under the first sale doctrine (which basically said that if you sell a thing, then the buyer owns the thing, including the right to

by hedora 2y ago

This sort of crap was banned under the first sale doctrine (which basically said that if you sell a thing, then the buyer owns the thing, including the right to use and resell it, and even the patented parts of it). The impact was overwhelmingly positive. One could argue that using copyright and eulas to bypass first sale is a misuse of copyright (the standard penalty for that is “you lose your copyright”, which seems completely reasonable and proportional to me).

Dracophoenix 2y ago
There's no right of first sale for copyrighted code. https://en.m.wikipedia.org/wiki/Apple_Computer,_Inc._v._Franklin_Computer_Corp https://en.m.wikipedia.org/wiki/Apple_Computer,_Inc._v._Fran.... > The district court found in favor of Franklin. However, Apple appealed the ruling to the United States Court of Appeals for the Third Circuit which, in a separate case decided three days after Franklin won at the lower level, had determined that both a program existing only in a written form unreadable to humans (e.g. object code) and one embedded on a ROM were protected by copyright. (See Williams Elec., Inc., v. Artic Int'l, Inc., 685 F.2d 870 (1982)). The Court of Appeals overturned the district court's ruling in Franklin by applying its holdings in Williams and going further to hold that operating systems were also copyrightable.
- Dylan16807 2y ago
  > There's no right of first sale for copyrighted code. Yes, that was the premise of the complaint. > Citation I don't see anything here that resembles first sale, just a ruling that copyright applies to compiled code. The concept of first sale doctrine is that despite the presence of the seller's ip the seller loses control over most uses. Nobody is arguing against the existence of the copyright.
- _aavaa_ 2y ago
  Why would object code be such an important difference? Are we glossing over the fact that this is how computers were programmed and that people very much did read and write this format?

by hedora 2y ago

Dracophoenix 2y ago

There's no right of first sale for copyrighted code. https://en.m.wikipedia.org/wiki/Apple_Computer,_Inc._v._Franklin_Computer_Corp https://en.m.wikipedia.org/wiki/Apple_Computer,_Inc._v._Fran.... > The district court found in favor of Franklin. However, Apple appealed the ruling to the United States Court of Appeals for the Third Circuit which, in a separate case decided three days after Franklin won at the lower level, had determined that both a program existing only in a written form unreadable to humans (e.g. object code) and one embedded on a ROM were protected by copyright. (See Williams Elec., Inc., v. Artic Int'l, Inc., 685 F.2d 870 (1982)). The Court of Appeals overturned the district court's ruling in Franklin by applying its holdings in Williams and going further to hold that operating systems were also copyrightable.

Dylan16807 2y ago
> There's no right of first sale for copyrighted code. Yes, that was the premise of the complaint. > Citation I don't see anything here that resembles first sale, just a ruling that copyright applies to compiled code. The concept of first sale doctrine is that despite the presence of the seller's ip the seller loses control over most uses. Nobody is arguing against the existence of the copyright.
_aavaa_ 2y ago
Why would object code be such an important difference? Are we glossing over the fact that this is how computers were programmed and that people very much did read and write this format?