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Does First Sale Still Exists?
3-State Bit asks: "Ah, the doctrine of First Sale. (Sources two, three, and especially, four).
The last bastion of fair use. Or is it? In a highly insightful comment, user Kjella explained to me that I had been naive to think that First Sale would continue to exist in the world of DRM. (Of which I had pondered the ramifications here.)
So Slashdot, where does the First Sale doctrine stand? Are libraries throughout the nation in jeopardy? Will they no longer carry digital media? Can a corporation, without any form of legal safeguard, really control whom I can sell my stuff to? It's enough to make you shudder."
One thing I found interesting is that one of the sources that the article lists says that DVD's and software are not covered under First Sale. But funny me, I have a used computer parts store nearby that has used software near the front (which I use often, because I'm able to find old software I like, like the copy of Blade Runner I grabbed 6 months ago). And there's not a pawn shop in my city that DOESN'T sell used DVD's. Some of the guys even have the gall to re-shrinkwrap them!
Such concentrated violations of Copyright Law aren't bringing much attention to my city here (and it's big and close to DC).
However, I think the taking away of rights out there is definately in different "zones". It's like in the game Jenga. When you're pulling pieces away, you always take pieces that won't make the block tower fall. They're taking away our rights, but they don't want a collapse of the system. They just want to scare everyone enough to the point of taking it up the ass everytime we wanna listen to the latest music.
Only in slashdot are posts of solidarity modded at -1 Redundant, while posts of antagonism are modded as -1 Flamebait.
You're starting with an incorrect assumption: that when I purchase a copyright protected work that I've purchased a license of some sort. That is not the case (in general). If I purchase a book from my local bookstore, I don't need any license of any sort to read it, loan it out, read it to my kids, tear out pages I don't like, give it away, write witty comments in the margins, or resell it. In fact, just about the only thing I can't do distribute copies of the book. That retriction has nothing to do with a license and everything to do with copyright law.
The Doctrine of First Sale isn't about transferring a license, it's about transferring physical property. I purchased this book / CD / DVD / lithograph fair and square, that particular copy is now my property. As my property, I'm free to dispose of it as I wish, including reselling it or loaning it out.
The copyright industries are trying to spread this misunderstanding. They want citizens to believe that people aren't actually allowed to own anything. Once you've convince people that they don't actually own any of the shelves of books, CDs, DVDs, it's an easy step to convince people they loaning out works, or reselling works is illegal. Fight the misinformation!
(To be fair, some works are licensed, not sold. With the exception of the relativelt immature software industry, you sign contracts to acquire these licenses. There is no confusion that you're purchasing a license, not a copy of the work.)
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Can the license be transferred as part of my estate? Or does my DVD collection become worthless in an estate sale?