http://www.eff.org/deeplinks/2009/04/first-sale-president-obama-and-queen-england Commentary by Fred von Lohmann President Obama reportedly gave an iPod, loaded with 40 show tunes, to England's Queen Elizabeth II as a gift. Did he violate the law when he did so? You know your copyright laws are broken when there is no easy answer to this question. Traditionally, it has been the job of the "first sale" doctrine to enable gift giving -- that's the provision of copyright law that entitles the owner of a CD, book, or other copyrighted work, to give it away (or resell it, for that matter), notwithstanding the copyright owner's exclusive right of distribution. even if the first sale doctrine applies to iTunes downloads, what about the additional copies made on the iPod? iTunes does not download directly to an iPod. So President Obama's staff made an additional copy onto the Queen's intended iPod. How are those copies excused? The iTunes terms of service say that downloads are "only for personal, noncommercial use." Is giving a copy to a head of state a "personal" use? Seems more like a "diplomatic use," doesn't it? So copyright owners could argue that the copy on the iPod was not authorized, because it was beyond the scope of the iTunes "license." And according to the typical rightsholder argument, any use beyond the scope of the "license" is a copyright infringement. Perhaps it's a fair use? I'd certainly take that view. But does it matter here whether President Obama's staffer first deleted the copy that is still on her computer? Should that matter? ........how many kids have the music industry hung out to dry over this same issue?