Re: [tlug] linux notebooks, virtualization, windows

["Stephen J. Turnbull" <stephen@example.com>]

Francois Cartegnie writes:
 > Le jeudi 5 août 2010, vous avez écrit :
 > >  any term of the Microsoft EULA: They can't legally keep you from
 > >  reselling the oem product (at least, in europe) [1].
 > > No idea how it works with Japan's intellectual laws.
 > Adding a bit of information I've just discovered:
 > 
 > The similar US law is named "The First Sale Doctrine".
 > http://en.wikipedia.org/wiki/First-sale_doctrine

The corresponding doctrine for patents is called "exhaustion".  The
idea is that sale of a good embodying a patent "uses up" your rights
over that instance.  The buyer has the right to use or transfer that
license for the physical good he bought.  That's pretty obvious, but
what's interesting is that the courts have held that the buyer also
has the right to repair that unit as long as the part embodying the
patent continues to work, which typically includes replacing parts in
a complicated mechanism.

I doubt it's been tested in court, but I imagine this means that
(absent a contract to the contrary, of course) if you own a copy of
patented software, you can replace parts of the system (not restricted
by copyright) with free software without infringing on the patent.

Of course this is mostly interesting as an intellectual exercise;
practical implications are probably nil.