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Message: <blockquote data-quote="The Sigil" data-source="post: 1594194" data-attributes="member: 2013">Really?  IANAL, but here goes...US Law, Title 17, Chapter 1, Sec. 101 contains the following definitions:''Audiovisual works'' are works that consist of a series of related images which are intrinsically intended to be shown by the use of machines, or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied.''Copies'' are material objects, other than phonorecords, in which a work is fixed by any method now known or later developed, and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. The term ''copies'' includes the material object, other than a phonorecord, in which the work is first fixed.A ''device'', ''machine'', or ''process'' is one now known or later developed.''Literary works'' are works, other than audiovisual works, expressed in words, numbers, or other verbal or numerical symbols or indicia, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in which they are embodied.==========I would submit to you that a PDF would fall under the category "literary works" as it is expressed in words and is not an audiovisual work.Clearly, when I purchase a product from a download site, I have lawfully acquired a copy.  I would submit that it IS in fact possible to have that download delivered to a piece of removable media, such as a CD-ROM or an external Hard Drive (I have done it myself).  For the sake of this argument, let's assume it's a CD-ROM.I receive a lawfully acquired copy of a literary work, which the law defines as that physical portion of the CD on which the data is carried; and probably would, for practical purposes, include the entirety of the CD (since a copy of a book is generally considered to be not just those physical portions of paper with ink on them, but the entirety of the pages).Note that in this sense, the "copy" as defined by law is NOT the PDF file itself; it is the actual physical CD, as I am able to perceive the work with the aid of a device (in this case, a computer).Perhaps a PDF is not a "literary work" but instead a "computer program."  If it is, I should then have the protections granted by and implied by Title 17, Chapter 1, Section 117(a) Making of Additional Copy or Adaptation by Owner of Copy. -Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:(1)that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner, or(2)that such new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.(b) Lease, Sale, or Other Transfer of Additional Copy or Adaptation. -Any exact copies prepared in accordance with the provisions of this section may be leased, sold, or otherwise transferred, along with the copy from which such copies were prepared, only as part of the lease, sale, or other transfer of all rights in the program. Adaptations so prepared may be transferred only with the authorization of the copyright owner.====Part (a) says I have the right to make archival copies (plural, not singular) provided that I have come into the possession of a lawful copy, and if I part ways with the lawful copy I must destroy the archival copies OR per part (b) sell, lease, or otherwise transfer them along with the lawful copy with consent of the copyright owner.It should be noted that Part (b) implies that I do possess the right to sell, lease, or otherwise transfer my copy - the Right of First Sale.  Again, it is conceivable that the "first copy" could be contained on a CD, an external hard drive, a Jump Drive, or any similar device.  It is not necessarily on my hard drive. IANAL.  I've parsed the DMCA and have found no language to contradict the above... that what constitutes a copy is the CD itself, not the "PDF file" in the eyes of the law.  The language seems pretty clear to me... that I *do* have the Right of First Sale either way ("literary work" or "computer program")... and that it's not necessarily "attached to the hip" to my hard drive.Whether my reading is correct or not, I don't think it's very nice to try to play semantics games to try to "tie the file to my hard drive" by saying, "that's where the first lawful copy was made and you're stuck with it there."  Yes, it's in the interest of the copyright holder to do that to prevent himself from being estopped.  But I'd prefer silence on the matter than nothing at all.  It means I can't, for example, under the "attached at the him" interpretation, legally buy a copy for my gaming buddy as a birthday present. <img src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f641.png" class="smilie smilie--emoji" loading="lazy" width="64" height="64" alt=":(" title="Frown    :("  data-smilie="3"data-shortname=":(" />And, as Umbran (I think it was) has mentioned, it's not very nice to "tie the books to the bookshelf."  It may be technically legally correct in this instance... but it's not very good customer PR. <img src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f609.png" class="smilie smilie--emoji" loading="lazy" width="64" height="64" alt=";)" title="Wink    ;)"  data-smilie="2"data-shortname=";)" />  And as I mentioned, the assumption that the lawful (initial) copy is going to a hard drive may well be false, making the conclusion ("well, you can give away your hard drive") false as well.EDIT: I just noticed something else with regard to computer programs - the clause that an owner can "make an adaptation" for archival purposes.  I'm trying to wrap my head around the implications of this one - absent the DMCA, I think it would imply that an owner could strip DRM from a PDF.  But I could be wrong on that count.--The Sigil</blockquote>

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