Version 1.1 of the definition has been released. Please help updating it, contribute translations, and help us with the design of logos and buttons to identify free cultural works and licenses!

Difference between revisions of "Talk:Permissible restrictions"

From Definition of Free Cultural Works
Jump to navigation Jump to search
Line 9: Line 9:
 
== Our Definition? ==
 
== Our Definition? ==
  
Why are '''WE''' so possessive of this definition, if its supposed to be about freedom?
+
                              Apache License
Its better to say '''this''' or '''the''' definintion.
+
                        Version 2.0, January 2004
 
+
                    http://www.apache.org/licenses/
Also, is this page part of the definition? It's odd that such a crucial part is on a separate page,
+
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
and the part on Versioning, which is not strictly speaking part of the definition, is on the definition's page!
+
1. Definitions.
 
+
  "License" shall mean the terms and conditions for use, reproduction,
--[[User:Inkwina|Inkwina]] 13:18, 19 June 2007 (CEST)
+
  and distribution as defined by Sections 1 through 9 of this document.
:Where do you read this? [[User:TeunSpaans|TeunSpaans]] 07:04, 7 July 2007 (CEST)
+
  "Licensor" shall mean the copyright owner or entity authorized by
 
+
  the copyright owner that is granting the License.
::First line ''There are certain requirements and restrictions on the use or interchange of works that we do not feel impede the essential freedom in our definition.''
+
  "Legal Entity" shall mean the union of the acting entity and all
::This would be better phrased as: ''There are certain requirements and restrictions on the use or interchange of works that do not impede the essential freedoms prescribed by this definition, and, hence, are compatible with it.''
+
  other entities that control, are controlled by, or are under common
--[[User:Inkwina|Inkwina]] 13:57, 9 July 2007 (CEST)
+
  control with that entity. For the purposes of this definition,
 +
  "control" means (i) the power, direct or indirect, to cause the
 +
  direction or management of such entity, whether by contract or
 +
  otherwise, or (ii) ownership of fifty percent (50%) or more of the
 +
  outstanding shares, or (iii) beneficial ownership of such entity.
 +
  "You" (or "Your") shall mean an individual or Legal Entity
 +
  exercising permissions granted by this License.
 +
  "Source" form shall mean the preferred form for making modifications,
 +
  including but not limited to software source code, documentation
 +
  source, and configuration files.
 +
  "Object" form shall mean any form resulting from mechanical
 +
  transformation or translation of a Source form, including but
 +
  not limited to compiled object code, generated documentation,
 +
  and conversions to other media types.
 +
  "Work" shall mean the work of authorship, whether in Source or
 +
  Object form, made available under the License, as indicated by a
 +
  copyright notice that is included in or attached to the work
 +
  (an example is provided in the Appendix below).
 +
  "Derivative Works" shall mean any work, whether in Source or Object
 +
  form, that is based on (or derived from) the Work and for which the
 +
  editorial revisions, annotations, elaborations, or other modifications
 +
  represent, as a whole, an original work of authorship. For the purposes
 +
  of this License, Derivative Works shall not include works that remain
 +
  separable from, or merely link (or bind by name) to the interfaces of,
 +
  the Work and Derivative Works thereof.
 +
  "Contribution" shall mean any work of authorship, including
 +
  the original version of the Work and any modifications or additions
 +
  to that Work or Derivative Works thereof, that is intentionally
 +
  submitted to Licensor for inclusion in the Work by the copyright owner
 +
  or by an individual or Legal Entity authorized to submit on behalf of
 +
  the copyright owner. For the purposes of this definition, "submitted"
 +
  means any form of electronic, verbal, or written communication sent
 +
  to the Licensor or its representatives, including but not limited to
 +
  communication on electronic mailing lists, source code control systems,
 +
  and issue tracking systems that are managed by, or on behalf of, the
 +
  Licensor for the purpose of discussing and improving the Work, but
 +
  excluding communication that is conspicuously marked or otherwise
 +
  designated in writing by the copyright owner as "Not a Contribution."
 +
  "Contributor" shall mean Licensor and any individual or Legal Entity
 +
  on behalf of whom a Contribution has been received by Licensor and
 +
  subsequently incorporated within the Work.
 +
2. Grant of Copyright License. Subject to the terms and conditions of
 +
  this License, each Contributor hereby grants to You a perpetual,
 +
  worldwide, non-exclusive, no-charge, royalty-free, irrevocable
 +
  copyright license to reproduce, prepare Derivative Works of,
 +
  publicly display, publicly perform, sublicense, and distribute the
 +
  Work and such Derivative Works in Source or Object form.
 +
3. Grant of Patent License. Subject to the terms and conditions of
 +
  this License, each Contributor hereby grants to You a perpetual,
 +
  worldwide, non-exclusive, no-charge, royalty-free, irrevocable
 +
  (except as stated in this section) patent license to make, have made,
 +
  use, offer to sell, sell, import, and otherwise transfer the Work,
 +
  where such license applies only to those patent claims licensable
 +
  by such Contributor that are necessarily infringed by their
 +
  Contribution(s) alone or by combination of their Contribution(s)
 +
  with the Work to which such Contribution(s) was submitted. If You
 +
  institute patent litigation against any entity (including a
 +
  cross-claim or counterclaim in a lawsuit) alleging that the Work
 +
  or a Contribution incorporated within the Work constitutes direct
 +
  or contributory patent infringement, then any patent licenses
 +
  granted to You under this License for that Work shall terminate
 +
  as of the date such litigation is filed.
 +
4. Redistribution. You may reproduce and distribute copies of the
 +
  Work or Derivative Works thereof in any medium, with or without
 +
  modifications, and in Source or Object form, provided that You
 +
  meet the following conditions:
 +
  (a) You must give any other recipients of the Work or
 +
      Derivative Works a copy of this License; and
 +
  (b) You must cause any modified files to carry prominent notices
 +
      stating that You changed the files; and
 +
  (c) You must retain, in the Source form of any Derivative Works
 +
      that You distribute, all copyright, patent, trademark, and
 +
      attribution notices from the Source form of the Work,
 +
      excluding those notices that do not pertain to any part of
 +
      the Derivative Works; and
 +
  (d) If the Work includes a "NOTICE" text file as part of its
 +
      distribution, then any Derivative Works that You distribute must
 +
      include a readable copy of the attribution notices contained
 +
      within such NOTICE file, excluding those notices that do not
 +
      pertain to any part of the Derivative Works, in at least one
 +
      of the following places: within a NOTICE text file distributed
 +
      as part of the Derivative Works; within the Source form or
 +
      documentation, if provided along with the Derivative Works; or,
 +
      within a display generated by the Derivative Works, if and
 +
      wherever such third-party notices normally appear. The contents
 +
      of the NOTICE file are for informational purposes only and
 +
      do not modify the License. You may add Your own attribution
 +
      notices within Derivative Works that You distribute, alongside
 +
      or as an addendum to the NOTICE text from the Work, provided
 +
      that such additional attribution notices cannot be construed
 +
      as modifying the License.
 +
  You may add Your own copyright statement to Your modifications and
 +
  may provide additional or different license terms and conditions
 +
  for use, reproduction, or distribution of Your modifications, or
 +
  for any such Derivative Works as a whole, provided Your use,
 +
  reproduction, and distribution of the Work otherwise complies with
 +
  the conditions stated in this License.
 +
5. Submission of Contributions. Unless You explicitly state otherwise,
 +
  any Contribution intentionally submitted for inclusion in the Work
 +
  by You to the Licensor shall be under the terms and conditions of
 +
  this License, without any additional terms or conditions.
 +
  Notwithstanding the above, nothing herein shall supersede or modify
 +
  the terms of any separate license agreement you may have executed
 +
  with Licensor regarding such Contributions.
 +
6. Trademarks. This License does not grant permission to use the trade
 +
  names, trademarks, service marks, or product names of the Licensor,
 +
  except as required for reasonable and customary use in describing the
 +
  origin of the Work and reproducing the content of the NOTICE file.
 +
7. Disclaimer of Warranty. Unless required by applicable law or
 +
  agreed to in writing, Licensor provides the Work (and each
 +
  Contributor provides its Contributions) on an "AS IS" BASIS,
 +
  WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
 +
  implied, including, without limitation, any warranties or conditions
 +
  of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
 +
  PARTICULAR PURPOSE. You are solely responsible for determining the
 +
  appropriateness of using or redistributing the Work and assume any
 +
  risks associated with Your exercise of permissions under this License.
 +
8. Limitation of Liability. In no event and under no legal theory,
 +
  whether in tort (including negligence), contract, or otherwise,
 +
  unless required by applicable law (such as deliberate and grossly
 +
  negligent acts) or agreed to in writing, shall any Contributor be
 +
  liable to You for damages, including any direct, indirect, special,
 +
  incidental, or consequential damages of any character arising as a
 +
  result of this License or out of the use or inability to use the
 +
  Work (including but not limited to damages for loss of goodwill,
 +
  work stoppage, computer failure or malfunction, or any and all
 +
  other commercial damages or losses), even if such Contributor
 +
  has been advised of the possibility of such damages.
 +
9. Accepting Warranty or Additional Liability. While redistributing
 +
  the Work or Derivative Works thereof, You may choose to offer,
 +
  and charge a fee for, acceptance of support, warranty, indemnity,
 +
  or other liability obligations and/or rights consistent with this
 +
  License. However, in accepting such obligations, You may act only
 +
  on Your own behalf and on Your sole responsibility, not on behalf
 +
  of any other Contributor, and only if You agree to indemnify,
 +
  defend, and hold each Contributor harmless for any liability
 +
  incurred by, or claims asserted against, such Contributor by reason
 +
  of your accepting any such warranty or additional liability.
 +
END OF TERMS AND CONDITIONS
 +
APPENDIX: How to apply the Apache License to your work.
 +
  To apply the Apache License to your work, attach the following
 +
  boilerplate notice, with the fields enclosed by brackets "[]"
 +
  replaced with your own identifying information. (Don't include
 +
  the brackets!)  The text should be enclosed in the appropriate
 +
  comment syntax for the file format. We also recommend that a
 +
  file or class name and description of purpose be included on the
 +
  same "printed page" as the copyright notice for easier
 +
  identification within third-party archives.
 +
Copyright [yyyy] [name of copyright owner]
 +
Licensed under the Apache License, Version 2.0 (the "License");
 +
you may not use this file except in compliance with the License.
 +
You may obtain a copy of the License at
 +
    http://www.apache.org/licenses/LICENSE-2.0
 +
Unless required by applicable law or agreed to in writing, software
 +
distributed under the License is distributed on an "AS IS" BASIS,
 +
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
 +
See the License for the specific language governing permissions and
 +
limitations under the License.
 +
Powered by Gitiles| Privacy
 +
txt
 +
json
  
 
== Trademark ==
 
== Trademark ==

Revision as of 16:42, 13 July 2021

Small bug

There is a bug here. One of the sentences says "The license may include clauses that strive to further ensure that the work is a free work, notably by enforcing some of the conditions specified in the paragraphs below", but the meaning of "the paragraphs below" has been lost when this part of this definition was given its own page. --Antoine 15:37, 18 February 2007 (CET)

question

A question on "Permissible restrictions": if a photo would have a restriction that the location where it was taken has to be mentioned, would that constitute an unpermissible restriction? Example: "Mention Taken at London zoo on publication". TeunSpaans 15:34, 27 March 2007 (CEST)

Our Definition?

                             Apache License
                       Version 2.0, January 2004
                    http://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 1. Definitions.

  "License" shall mean the terms and conditions for use, reproduction,
  and distribution as defined by Sections 1 through 9 of this document.
  "Licensor" shall mean the copyright owner or entity authorized by
  the copyright owner that is granting the License.
  "Legal Entity" shall mean the union of the acting entity and all
  other entities that control, are controlled by, or are under common
  control with that entity. For the purposes of this definition,
  "control" means (i) the power, direct or indirect, to cause the
  direction or management of such entity, whether by contract or
  otherwise, or (ii) ownership of fifty percent (50%) or more of the
  outstanding shares, or (iii) beneficial ownership of such entity.
  "You" (or "Your") shall mean an individual or Legal Entity
  exercising permissions granted by this License.
  "Source" form shall mean the preferred form for making modifications,
  including but not limited to software source code, documentation
  source, and configuration files.
  "Object" form shall mean any form resulting from mechanical
  transformation or translation of a Source form, including but
  not limited to compiled object code, generated documentation,
  and conversions to other media types.
  "Work" shall mean the work of authorship, whether in Source or
  Object form, made available under the License, as indicated by a
  copyright notice that is included in or attached to the work
  (an example is provided in the Appendix below).
  "Derivative Works" shall mean any work, whether in Source or Object
  form, that is based on (or derived from) the Work and for which the
  editorial revisions, annotations, elaborations, or other modifications
  represent, as a whole, an original work of authorship. For the purposes
  of this License, Derivative Works shall not include works that remain
  separable from, or merely link (or bind by name) to the interfaces of,
  the Work and Derivative Works thereof.
  "Contribution" shall mean any work of authorship, including
  the original version of the Work and any modifications or additions
  to that Work or Derivative Works thereof, that is intentionally
  submitted to Licensor for inclusion in the Work by the copyright owner
  or by an individual or Legal Entity authorized to submit on behalf of
  the copyright owner. For the purposes of this definition, "submitted"
  means any form of electronic, verbal, or written communication sent
  to the Licensor or its representatives, including but not limited to
  communication on electronic mailing lists, source code control systems,
  and issue tracking systems that are managed by, or on behalf of, the
  Licensor for the purpose of discussing and improving the Work, but
  excluding communication that is conspicuously marked or otherwise
  designated in writing by the copyright owner as "Not a Contribution."
  "Contributor" shall mean Licensor and any individual or Legal Entity
  on behalf of whom a Contribution has been received by Licensor and
  subsequently incorporated within the Work.

2. Grant of Copyright License. Subject to the terms and conditions of

  this License, each Contributor hereby grants to You a perpetual,
  worldwide, non-exclusive, no-charge, royalty-free, irrevocable
  copyright license to reproduce, prepare Derivative Works of,
  publicly display, publicly perform, sublicense, and distribute the
  Work and such Derivative Works in Source or Object form.

3. Grant of Patent License. Subject to the terms and conditions of

  this License, each Contributor hereby grants to You a perpetual,
  worldwide, non-exclusive, no-charge, royalty-free, irrevocable
  (except as stated in this section) patent license to make, have made,
  use, offer to sell, sell, import, and otherwise transfer the Work,
  where such license applies only to those patent claims licensable
  by such Contributor that are necessarily infringed by their
  Contribution(s) alone or by combination of their Contribution(s)
  with the Work to which such Contribution(s) was submitted. If You
  institute patent litigation against any entity (including a
  cross-claim or counterclaim in a lawsuit) alleging that the Work
  or a Contribution incorporated within the Work constitutes direct
  or contributory patent infringement, then any patent licenses
  granted to You under this License for that Work shall terminate
  as of the date such litigation is filed.

4. Redistribution. You may reproduce and distribute copies of the

  Work or Derivative Works thereof in any medium, with or without
  modifications, and in Source or Object form, provided that You
  meet the following conditions:
  (a) You must give any other recipients of the Work or
      Derivative Works a copy of this License; and
  (b) You must cause any modified files to carry prominent notices
      stating that You changed the files; and
  (c) You must retain, in the Source form of any Derivative Works
      that You distribute, all copyright, patent, trademark, and
      attribution notices from the Source form of the Work,
      excluding those notices that do not pertain to any part of
      the Derivative Works; and
  (d) If the Work includes a "NOTICE" text file as part of its
      distribution, then any Derivative Works that You distribute must
      include a readable copy of the attribution notices contained
      within such NOTICE file, excluding those notices that do not
      pertain to any part of the Derivative Works, in at least one
      of the following places: within a NOTICE text file distributed
      as part of the Derivative Works; within the Source form or
      documentation, if provided along with the Derivative Works; or,
      within a display generated by the Derivative Works, if and
      wherever such third-party notices normally appear. The contents
      of the NOTICE file are for informational purposes only and
      do not modify the License. You may add Your own attribution
      notices within Derivative Works that You distribute, alongside
      or as an addendum to the NOTICE text from the Work, provided
      that such additional attribution notices cannot be construed
      as modifying the License.
  You may add Your own copyright statement to Your modifications and
  may provide additional or different license terms and conditions
  for use, reproduction, or distribution of Your modifications, or
  for any such Derivative Works as a whole, provided Your use,
  reproduction, and distribution of the Work otherwise complies with
  the conditions stated in this License.

5. Submission of Contributions. Unless You explicitly state otherwise,

  any Contribution intentionally submitted for inclusion in the Work
  by You to the Licensor shall be under the terms and conditions of
  this License, without any additional terms or conditions.
  Notwithstanding the above, nothing herein shall supersede or modify
  the terms of any separate license agreement you may have executed
  with Licensor regarding such Contributions.

6. Trademarks. This License does not grant permission to use the trade

  names, trademarks, service marks, or product names of the Licensor,
  except as required for reasonable and customary use in describing the
  origin of the Work and reproducing the content of the NOTICE file.

7. Disclaimer of Warranty. Unless required by applicable law or

  agreed to in writing, Licensor provides the Work (and each
  Contributor provides its Contributions) on an "AS IS" BASIS,
  WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
  implied, including, without limitation, any warranties or conditions
  of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
  PARTICULAR PURPOSE. You are solely responsible for determining the
  appropriateness of using or redistributing the Work and assume any
  risks associated with Your exercise of permissions under this License.

8. Limitation of Liability. In no event and under no legal theory,

  whether in tort (including negligence), contract, or otherwise,
  unless required by applicable law (such as deliberate and grossly
  negligent acts) or agreed to in writing, shall any Contributor be
  liable to You for damages, including any direct, indirect, special,
  incidental, or consequential damages of any character arising as a
  result of this License or out of the use or inability to use the
  Work (including but not limited to damages for loss of goodwill,
  work stoppage, computer failure or malfunction, or any and all
  other commercial damages or losses), even if such Contributor
  has been advised of the possibility of such damages.

9. Accepting Warranty or Additional Liability. While redistributing

  the Work or Derivative Works thereof, You may choose to offer,
  and charge a fee for, acceptance of support, warranty, indemnity,
  or other liability obligations and/or rights consistent with this
  License. However, in accepting such obligations, You may act only
  on Your own behalf and on Your sole responsibility, not on behalf
  of any other Contributor, and only if You agree to indemnify,
  defend, and hold each Contributor harmless for any liability
  incurred by, or claims asserted against, such Contributor by reason
  of your accepting any such warranty or additional liability.

END OF TERMS AND CONDITIONS APPENDIX: How to apply the Apache License to your work.

  To apply the Apache License to your work, attach the following
  boilerplate notice, with the fields enclosed by brackets "[]"
  replaced with your own identifying information. (Don't include
  the brackets!)  The text should be enclosed in the appropriate
  comment syntax for the file format. We also recommend that a
  file or class name and description of purpose be included on the
  same "printed page" as the copyright notice for easier
  identification within third-party archives.

Copyright [yyyy] [name of copyright owner] Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at

   http://www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. Powered by Gitiles| Privacy txt json

Trademark

Something else which is a reasonable restriction is that if the work is trademarked then anyone who modifies or redistributes it has to remove the trademarked stuff unless they have permission from your company. But trademark law is separate from copyright law, so I think it doesn't have to be part of the copyright license

Inaccuracy of "restrictions"

All restrictions come from ©. Regarding NC and ND and such, we're talking about licenses that do not grant adequate permissions. Regarding SA/copyleft, we're saying that not granting permission to release under non-free terms is OK. None of these public license provisions are restrictions. I suggest patching the definition and this article for accuracy. I may attempt to do so in my userspace and will add a note here if I do. Mike Linksvayer (talk) 12:54, 30 August 2012 (EDT)

That is a good observation. I wouldn’t take it as a big problem, though: the Definition is constructed so that it first defines “Essential Freedoms”, and specifies that “a license must grant [them] without limitation” (emphasis mine), after which it creates the exception to this rule with “Not all restrictions on the use or distribution of works impede essential freedoms.” Maybe just copying the relevant part of Definition, or explaining a bit at the top of this page to make it more clear? --Mormegil (talk) 11:56, 31 August 2012 (EDT)

artist harvest fans

As a musician,

     (Let me interrupt here quickly Most musicians would like to make a profit work I can whistle a song an consider myself a musician.  Sharing a digital copy of anything that at once could be a physical item and making a copy or reverse engineering is theft.  Downloading software that you did not create or engineer without consent is theft and yes even from a moral stand point. I myself tried Napster, I felt guilty almost immediately. I stopped downloading songs and only used the downloaded songs to teach myself how to install music to a disk CD. Even to this day people don't understand the ramifications of profit distribution, knocking out hard long working hours perfecting a art or talent to live desirably. I for one twenty years ago would of loved to compete in professional gaming. Like Peer-to-Peer, hackers literally destroyed decades of progression in ESPORTS. As a nominal player at top level this was such a state of denial and questioning  every time I would fail if it was a cheater or the worry of the idea and possibility. So knowing there out there was detrimental to strategy and growth of my craft. So yes I understand everyone downloading there favorite song and playing on repeat 'example' not realizing that there forcing the next favorite song would never play because they helped a snowball affect of there favorite artist, band, instruments and label and the producer who made there dreams come true, wont have the resources to make that anti-repeat songs and forcing repetitive stations. So giving a second thought and standing up for what's right would of stopped the station surfing complaining about the repeats. Education and moral boundaries should be very easy on this topic. Explaining to friends and family the cost to everyone shouldn't be hard to understand the time, money and not to mention the psychological bi-polar roller coaster hoping the developers or game companies would stop these acts and realize that its making customers 'gamers stop buying games/music/movies/ect... costing them a fortune and slowing progression of technology.(AKA nitetrixx.) Thanks for reading. this quick outburst and it may be out of order so please move and don't delete thanks<>lets get some more legit headshots- End Statement)  

Btw my team won our game tourney in Las Vegas but the lan tourney was completely destroyed by the Blaster Virus. My team and I are still owed 40k and the Counter Strike players who flew in from all over the world not only didn't get to play but didn't get reimbursed and had all there gear stolen it was a disaster.

  I would be happy to permit free distribution provided I could demand to be given the email address of anybody who is being given a copy. Permissible or not? Furthermore, the concept would seem more feasible if I could limit distribution to person to person mail as opposed to providers like i.e. SoundCloud - but that would be a separate discussion.
Not enforceable I wouldn't consider this free but I also think it wouldn't be possible to enforce this anyway. Koavf (talk) 14:22, 13 January 2017 (EST)
Not enforceable? The license would simply state you get permission to use the work only if you send the author your e-mail address. Either the author has received your e-mail address, or you are violating copyright (even though “e-mail address” is far from being a unique/reliable identifier of a person). I’d say such restriction is not acceptable, because it does not fall into any of the categories. The same is true for the other condition (permission is granted only to end users, not intermediaries/cloud providers/…). IMHO, IANAL. --Mormegil (talk) 07:28, 20 January 2017 (EST)
Enforceability Not everyone has an email address and if I get a copy and then give you a copy, then am I supposed to get your email address and pass it along? What about peer-to-peer file-sharing? What about if I put it on a site and stream it? From a technological perspective, it's just impossible. Koavf (talk) 13:23, 20 January 2017 (EST)
Errm… yes, you are supposed to do exactly that. If fulfilling the license conditions is impossible for some use cases, then such use cases are not allowed under such a license, simple as that. (Note that my formulation was simpler/more understandable/more practical in that regard: you are only allowed to use the work if you send your own e-mail to the author. The result is the same, but in this construction, even peer-to-peer file-sharing might be possible.) --Mormegil (talk) 16:17, 21 January 2017 (EST)
First sale I imagine that in the United States, this would run afoul of the first sale doctrine (even if the "sale" is at no cost): once you have something, I can't tell you how to use it. I can make a license that says that you can only listen to my song while jumping on one foot but it wouldn't stand any legal scrutiny. In the case of CC-style licenses, they have a fairly strong legal backing but even they may not really be enforceable. Koavf (talk) 16:52, 21 January 2017 (EST)
You are mixing too many concepts there. There is nothing specific in this specific hypothetical license which would trigger first sale differently than any well-known license. First-sale doctrine applies to the physical item you buy. You are free to sell it, rent it, give it to someone, whatever. You are not free to make and distribute copies of it. Furthermore, first-sale doctrine does not apply to digital content: the copyright owner did not sell an item to you, he/she has provided you with a license to use it.
License requiring strange things to be able to properly use a work you acquired license for might have some trouble (even though I’d imagine in the United States, contract law is quite permissive). However, license which limits distribution of the licensed work even in a very complicated way? Not much.
--Mormegil (talk) 17:25, 21 January 2017 (EST)