[huskerlug] HUGE win for Microsoft...
- From: Jerry Kreps <jkreps@xxxxxxxxxx>
- To: HuskerLug HuskerLug <huskerlug@xxxxxxxxxxxxx>
- Date: Mon, 27 Jun 2005 17:47:45 -0500
http://www.directdeals.com/coa_notification.aspx
"Microsoft and other software manufacturers have been trying to get
legislation in place that would undermine or circumvent the First Sale
Doctrine for years. Section 106 of the 1976 Copyright Act of 1996, commonly
known as The First Sale Doctrine (
http://www.law.duke.edu/journals/dltr/articles/2001dltr0018.html) is the
part of the law that gives us (both our company and the individual) the
rights to resell or otherwise dispose of any product that has a copyright
or trademark without the consent of the copyright holder. Meaning, once the
product has been sold at least one time, the copyright holder can no longer
dictate how the product is sold or distributed. This new law seems to
contradict the First Sale Doctrine by making it illegal to sell genuine
software products and components even after the first sale has been made.
This is a HUGE win for Microsoft. Not only were they able to lobby Congress
to get this law written, but they did it under the radar so it had little
or no publicity until the President signed it into law. DirectDeals feels
like this law will most certainly be challenged in court, but as the law is
written at this time, we must comply with it or risk being criminally sued
for up to $25,000.00 per infringement (per COA.) "
I wonder how much money "The author of this bill is Representative Lamar
Smith-R from Texas. Rep. Smith " made by being a friend of Bush & Gates?
Out of curiosity I looked up the history of HR03632 which is NOW=20
Public Law No: 108-482
http://thomas.loc.gov/cgi-bin/bdquery/z?d108:HR03632:@@@R
11/21/2003 Introduced/originated in House
7/13/2004 Reported (Amended) by the Committee on Judiciary. H. Rept.
108-600.
9/21/2004 Passed/agreed to in House: On motion to suspend the rules and
pass the bill, as amended Agreed to by voice vote.
12/8/2004 Senate Committee on the Judiciary discharged by Unanimous
Consent.
12/8/2004 Passed/agreed to in Senate: Passed Senate without amendment by
Unanimous Consent.
12/23/2004 Signed by President.
12/23/2004 Became Public Law No: 108-482 [Text, PDF]
Introduced on Nov 21, 2003 it lay hidden in the Committee on Judiciary
until it was forgotten, and then it was passed by the House, the Senate and
signed by Bush, all within 3 months. =A0Nobody is on record as actually
voting in favor of this gift to Microsoft, so they all can claim
"deniability", except Bush, who signed it.
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
JLK
=2D------------------------------------------------------
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