[free-sklyarov] Fair use "rights"

David Haworth david.haworth at altavista.net
Mon Aug 6 02:32:25 PDT 2001

On Mon, Aug 06, 2001 at 02:00:51AM -0700, Jon O . wrote:

[Re: "First sale doctrine".]
> Ooops, looks like they found a loophole or something like that:

The exhaustion of rights still applies inside (say) the US. What it means
is that if I buy a book, or a CD, or whatever, the publisher has no
right to control what I subsequently do with my book or CD (to be more exact,
what I do with the physical copy that I originally bought). Which means
that I can lend it to whoever I choose, or give it away, or even sell it,
as long as I only do it within the country (or region) where I originally
bought it. However, I can't do that with an eBook, because the access
control restrictions prevent me from transferring it from one computer
to another. I could circumvent those access control restrictions to
make the transfer (again, perfectly legal), but I can't get the tools
I need to do so because of the DMCA. The publishers are therefore using
the DMCA to claim "rights" to which they aren't entitled. Some might argue
that the publishers are acting illegally by circumventing the
first-sale doctrine. Is it enshrined in law?

David Haworth
Baiersdorf, Germany
david.haworth at altavista.net

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