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Vexx · 2011-06-19, 13:31

Getting back to the "original topic" though... "second hand sales" are firmly established under "right of first sale" doctrine as affirmed by courts.
Example: http://www.techdirt.com/articles/200...05496397.shtml
http://en.wikipedia.org/wiki/First-sale_doctrine
http://www.justice.gov/usao/eousa/fo...9/crm01854.htm

What the entertainment industry is trying to do is obliterate this anchorstone of copyright limitations. It should be noted that the EU has a less stringent version of "first sale" rights in that the creator may get a cut of subsequent sales of a particular copy. I'm using the term "creator" because I have a real philosophical issue with the notion of "assigning the rights of creation" away.

As for "patent and copyright"... those are *relatively recent* notions in human history. Before... any idea instantly entered the "public domain and Creative Commons" (yet people innovated anyway). Patent and copyright law evolved to give creators *TEMPORARY* protection to recover their costs and make a bit of money. The current situation is so far tilted that it stifles innovation in favor of protecting a few gatekeepers hoarding existing materials to the detriment of society as a whole. The inevitable result is a corrosion of respect for law as the majority of society becomes scofflaws (aka Prohibition).

2011-06-19, 13:31	Link #51
Vexx Obey the Darkly Cute ... Author Join Date: Dec 2005 Location: On the whole, I'd rather be in Kyoto ... Age: 66	Getting back to the "original topic" though... "second hand sales" are firmly established under "right of first sale" doctrine as affirmed by courts. Example: http://www.techdirt.com/articles/200...05496397.shtml http://en.wikipedia.org/wiki/First-sale_doctrine http://www.justice.gov/usao/eousa/fo...9/crm01854.htm What the entertainment industry is trying to do is obliterate this anchorstone of copyright limitations. It should be noted that the EU has a less stringent version of "first sale" rights in that the creator may get a cut of subsequent sales of a particular copy. I'm using the term "creator" because I have a real philosophical issue with the notion of "assigning the rights of creation" away. As for "patent and copyright"... those are relatively recent notions in human history. Before... any idea instantly entered the "public domain and Creative Commons" (yet people innovated anyway). Patent and copyright law evolved to give creators TEMPORARY protection to recover their costs and make a bit of money. The current situation is so far tilted that it stifles innovation in favor of protecting a few gatekeepers hoarding existing materials to the detriment of society as a whole. The inevitable result is a corrosion of respect for law as the majority of society becomes scofflaws (aka Prohibition). __________________ "It Really IS Rocket Science", Novel series rough drafts; vol. 1 thru vol. 3 complete Volume 4 in work, Visit the thread for short stories!