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Upholding the first sale doctrine

Upholding the first sale doctrine

Posted Mar 23, 2013 3:09 UTC (Sat) by giraffedata (subscriber, #1954)
In reply to: Upholding the first sale doctrine by dark
Parent article: Upholding the first sale doctrine

The GPL foresaw this :) Version 2 says the offer should be to give the source to "any third party", and version 3 says "anyone who possesses the object code".

That does seem to take care of it; thanks.

But it also runs into another thing that has always made me uneasy about GPL: causality. The condition is that you make the offer, not that you honor it in the future. You meet the conditions of the license by including the offer with your copy, thus you're licensed to make that copy. You meant it at the time, but two years later, someone attempts to take you up on your offer and you say, "bite me." Does that mean your offer is retroactively not genuine and you retroactively didn't have permission to make the copy and we rewrite history?


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