Re: first sale doctrine

On Thu, 23 Mar 2000, Bruce E. Hayden <bhayden[_at_]ieee.org> wrote:
>
> On Wed, 22 Mar 2000, James Rogers <jetan[_at_]ionet.net> wrote:
> >
> > I imagine that this has been discussed before, and I have just
> > missed it, but what happens to the first sale doctrine on the
> > internet? If I pay to download the Stephen King thingie from
> > it's site, may I presume that I am not as free to give it away
> > or loan it as I would be with it's physical counterpart?
>
> The problem is that First Sale applies to the sale of a
> single copy of a work -- once a licensed copy is sold,
> the copyright owner can't come back for a second bite of
> the apple.
>
> However, things are a bit different over the Internet simply
> because when you give the thingie away or loan it, etc.,
> a new copy of the work is made on the second computer.
> Also, other copies of the work are made when the thingie
> is performed, or the like. These new copies are not covered
> by First Sale of the first copy.

   How is my copy of a work downloaded from the Internet any different or much different than my purchasing it at a retail outlet?

   Let's say the work is a book. If I am the publisher, I have the original on computer. I transfer that to printing plates (can do that direct nowadays) create a press run and now have 400,000 copies of the book sitting in my warehouse awaiting shipment.

   Even if I sell all 400,000 copies, I still have the original on my computer. How is that different than me sending (or you downloading) a copy via modem? We each have our respective copy. My purchasers may now transfer their copy to anyone they so choose. No?

   Inquiring minds want to know.

Don Roemer
<droe2[_at_]earthlink.net> Received on Fri Mar 24 2000 - 22:39:09 GMT