[free-sklyarov] Fair use "rights"

Jon O . jono at microshaft.org
Mon Aug 6 02:00:51 PDT 2001

On 06-Aug-2001, Karsten M. Self wrote:
> on Mon, Aug 06, 2001 at 09:31:21AM +0200, David Haworth (david.haworth at altavista.net) wrote:
> > On Sun, Aug 05, 2001 at 05:15:35PM -0700, Jay Allen wrote:
> > > The second thing you may notice about this is that it does not confer upon 
> > > the consumer any right, but instead a protection from any action 
> > > (prosecution) under this statute.  Producers of copyrighted works are never 
> > > under any obligation to allow you to sample, backup, copy, etc their work 
> > > (as they are, by the way, in Russia), however, the law allows you to do so 
> > > without fear of prosecution.  It's a fine point, I know, but it seems that 
> > > there are no such things as fair use _rights_ or personal use 
> > > _rights_.  Uses such as these are simply protected under a safe harbor 
> > > provision.
> > 
> > It seems to me that there's a bigger concept of "fair use" than the rather
> > limited "defence to copyright infringement" that the AAP-extremists put
> > about in their marketing BS.
> > 
> > For example, when I buy a book there are many things that I expect to
> > be able to do with that book, without restraint from the publisher or
> > author. For example:
> > 
> >  - I can read the book wherever and whenever I like, and as many times
> >    as I like.
> >  - I can lend the book to my friends
> >  - I can give the book away when I've finished with it
> >  - I can _sell_ the book when I've finished with it
> > 
> > None of these activities infringes copyright, but they might all be classified
> > under a broad umbrella of "fair use".
> See "First sale doctrine".

Ooops, looks like they found a loophole or something like that:


The concept of exhaustion of intellectual property rights is of great importance to companies because it influences the extent to which the distribution of goods protected by their intellectual property rights can be controlled. According to the exhaustion concept, once an intellectual property right holder has sold a product to which its intellectual property rights are attached, it cannot prohibit the subsequent resale of that product as his intellectual property rights in that product are said to have been "exhausted" by the first sale. 

He will however be able to *prevent importation of goods sold abroad* under a different jurisdiction, even if they had been sold with his authorization (parallel imports). Under a regime of regional exhaustion such as the one applicable within the European Union, the right to control re-sale of goods sold with the consent of the rightholder is exhausted within that particular region only.

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