Date: Thu, 18 Mar 1999 18:12:47 +0000 (GMT) From: Terry Lambert <tlambert@primenet.com> To: brett@lariat.org (Brett Glass) Cc: rab@pike.cdrom.com, freebsd-advocacy@FreeBSD.ORG Subject: Re: BSD advertising clause Message-ID: <199903181812.LAA06611@usr04.primenet.com> In-Reply-To: <4.1.19990318082221.03f07c30@localhost> from "Brett Glass" at Mar 18, 99 08:23:49 am
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> >2. It constitues "restraint of trade", because it puts conditions not > > only on the party doing the copying, but also on third parties such > > as distributors and resellers. In the US, once you sell a product, > > you cannot put any conditions on how it will be sold, such as price > > levels, discounts, channels, or advertising restrictions. That is > > collusion and restraint of trade. > > I was under the impression that this was called the "first sale" > doctrine. > > In any event, wouldn't this invalidate parts of the GPL, too? And/or > the notice on many products that says, "For non-commercial use only?" No. It's "first use doctorine", not "first sale doctorine". First use doctorine only applies to transfer of ownership of the media. Terry Lambert terry@lambert.org --- Any opinions in this posting are my own and not those of my present or previous employers. To Unsubscribe: send mail to majordomo@FreeBSD.org with "unsubscribe freebsd-advocacy" in the body of the message
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