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Vernor v. Autodesk - Cross Motions to Dismiss - First Sale Case

By Pamela Jones et al.

I didn't know this case was still going on. Did you? Vernor v. Autodesk? When Vernor prevailed against Autodesk's motion to dismiss in May of 2008, I guess I just assumed it got settled. The order [PDF] was so powerfully on Vernor's side as far as first sale was concerned, I thought it was game over for Autodesk. Not so. The parties simply went forward, and on the 29th there was a hearing on cross motions to dismiss. This is all happening in the US District Court for the Western District of Washington. That's the state, not the capitol.

This is the case about reselling software on eBay, as you'll recall, and since first sale is such a hot topic around here, I thought you'd like to see the motions.

Full post as published by Groklaw on September 30, 2009 (boomark / email).