Re: use of electronic materials

Glen Tenny writes:
>
> My point was that electronic materials are NOT commonly licensed, they are
> sold. There are far more sales every day of such products than there are
> of licensed databases. If there is a signed licensing agreement, then
> that probably applies (does it apply when it precludes fair use?).
>
> Electronic materials are commonly sold, not licensed. Mead Data and

What difference does it make, whether one characterizes a transaction as a "sale" or as a "license?" I suspect that that is not the relevant distinction. The Act does have a "first sale" provision in section 109, but the relevant distinction there is between the "work of authorship" and a particular "copy" of the work. Rights to resell inhere in a "copy" not in the "work."

For what purpose do you want to make the sale-license distinction?

        --Trotter Hardy

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