RE: Want to contact person selling jaws XPPpro disk
- From: "Edward Marquette" <emarquette@xxxxxxxxxxxxx>
- To: <jfw@xxxxxxxxxxxxx>
- Date: Mon, 8 Dec 2003 19:23:56 -0600
This has been an amusing thread.
Clearly, there is confusion between the tangible item, the disk or CD
and the copyright with respect to the content thereon.
In the absence of agreement to the contrary, when a disk is sold, the
buyer, like the buyer of a book, has the right to sell to another. That
item of tangible property belongs to the purchaser.
What one does with the content is entirely different. Loading the
content, copyrighted software, involves a reproduction. In fact, every
time the software is executed, there is a reproduction.
The Copyright Law grants the copyright holder the exclusive right, among
other things, to make reproductions of his/her copyrighted work.
The only reproduction (and, hence, use) rights one gets are by
permission only. The scope of that permission is governed by the terms
of the license agreement.
Thus, it may be perfectly appropriate for one to "sell" the disk. The
legal problem arises when the user attempts to load, reproduce, the
software.
The analysis, however, does not stop here. When one knowingly transfers
copyrighted material to another and, in so doing, enables that other
person to infringe the rights of the copyright holder, then the person
knowingly assisting the infringer may be guilty of contributory
infringement, even if he/she is not a direct infringer. In fact, that
was the demise of Napster; it was a contributory infringer.
The foregoing assumed that there were no contractual restrictions on the
transfer. Depending upon the Federal Circuit in which you live (federal
law is not uniform on this subject), even your right to transfer the
physical disk could be limited.
Thus, before undertaking either a sale or a purchase of second-hand
software, always check the terms of the license.
Ed Marquette
930 West 34th St.
Kansas City, MO 64111
(816) 561- 7111
-----Original Message-----
From: jfw-bounce@xxxxxxxxxxxxx [mailto:jfw-bounce@xxxxxxxxxxxxx] On
Behalf Of Steve Vandecar
Sent: Monday, December 08, 2003 7:08 PM
To: jfw@xxxxxxxxxxxxx
Subject: Re: Want to contact person selling jaws XPPpro disk
Why is it piracy? The only thing any of us have to sell is our
authorization disk. Freedom Scientific will transfer ownership of an
authorization key for a fee. I've heard it was $75.00. I assume we are
allowed under the law to sell what we have purchased. Steve Vandecar
Kennewick, Washington kg7ed@xxxxxxxxxxx
----- Original Message -----
From: "Midence, Alex" <MidenceA@xxxxxxxxxxxxxxxxx>
To: <jfw@xxxxxxxxxxxxx>
Sent: Monday, December 08, 2003 2:24 PM
Subject: RE: Want to contact person selling jaws XPPpro disk
> It's piracy. I can't believe he actually posted it here on a list
monitored
> by freedom scientific. That's asking for it, certain sure.
>
>
>
> Alex Midence
>
>
> -----Original Message-----
> From: Virgil Cook [mailto:vcook@xxxxxx]
> Sent: Monday, December 08, 2003 4:14 PM
> To: jfw@xxxxxxxxxxxxx
> Subject: Re: Want to contact person selling jaws XPPpro disk
>
>
> I hope that people on this list have serious ethical problems with
> this approach.
>
> At 06:00 PM 12/8/2003, you wrote:
> >don't tell any one you are buying it
> >----- Original Message -----
> >From: "Virgil Cook" <vcook@xxxxxx>
> >To: <jfw@xxxxxxxxxxxxx>
> >Sent: Monday, December 08, 2003 10:28 AM
> >Subject: Re: Want to contact person selling jaws XPPpro disk
> >
> >
> > > You may be getting into a legal morasse. According to the Jaws
license
> > > agreement, the purchaser does not own the disks. You purchase the
right
> >to
> > > use Jaws and install it on one machine for each authorization key
> > > on
the
> > > authorization disk. You can transfer the license from one person
> > > to another--the last figure that I saw was $150--but selling the
> > > disks is selling something you do not own.
> > >
> > >
> > > At 11:44 AM 12/8/2003, you wrote:
> > > >At the time the person indicated a desire to sell the jaws XPPro
disk
> I
> >was
> > > >not interested, things have changed. Wondering if that
> > > >individual
> would
> > > >contact me off list at
> > > >rmccoy@xxxxxxxxxxxxxxx
> > > >
> > > >Greatly appreciated
> > > >Robert McCoy
> > > >(506) 459-6636
> > > >
> > > >To post a message to the list, send it to jfw@xxxxxxxxxxxxx To
> > > >unsubscribe from this mailing list, send a message to
> > > >jfw-request@xxxxxxxxxxxxx with the word unsubscribe in the
> > > >subject
> line.
> > >
> > >
> > > Virgil A. Cook, Associate Professor Emeritus
> > > Department of English
> > > Virginia Tech
> > > Blacksburg, VA 24061-0112
> > >
> > >
> > > To post a message to the list, send it to jfw@xxxxxxxxxxxxx To
> > > unsubscribe from this mailing list, send a message to
> >jfw-request@xxxxxxxxxxxxx with the word unsubscribe in the subject
> >line.
> > >
> > >
> >
> >To post a message to the list, send it to jfw@xxxxxxxxxxxxx To
> >unsubscribe from this mailing list, send a message to
> >jfw-request@xxxxxxxxxxxxx with the word unsubscribe in the subject
> >line.
>
>
> Virgil A. Cook, Associate Professor Emeritus
> Department of English
> Virginia Tech
> Blacksburg, VA 24061-0112
>
>
> To post a message to the list, send it to jfw@xxxxxxxxxxxxx To
> unsubscribe from this mailing list, send a message to
> jfw-request@xxxxxxxxxxxxx with the word unsubscribe in the subject
> line. To post a message to the list, send it to jfw@xxxxxxxxxxxxx To
> unsubscribe from this mailing list, send a message to
jfw-request@xxxxxxxxxxxxx with the word unsubscribe in the subject line.
>
>
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