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: Cocky Law Blawg9th Circuit Undercuts First Sale Doctrine for Software
By David
On September 10, 2010 the 9th Circuit decided Vernor v. Autodesk, Inc., No. 09-35969 (9th Cir. 2010). This decision is a blow to an essential copyright legal principle known as the ?First sale doctrine.? The first sale doctrine is a legal theory that allows purchasers of copyrighted material, in this case software, to assert as a defense to copyright infringement upon the resale of the original copyrighted material. The 9th Circuit in its decision determined that the manufacturer can by including a clause in its software licensing agreement reserving the ownership interest to itself make the purchaser merely a “licensee.” The shrink-wrapped software agreement changes the character of the purchased item, it becomes a license to use rather than an ownership interest. This decision will have ramifications for all software and other copyrighted materials if it is allowed to stay unchallenged. It should be noted that several other Circuits have decided the case in the opposite direction. Clearly this issue will be decided by the Supreme Court in the future.
To read the opinion go to the Court’s website. [www.ca9.uscourts.gov/datastore/opinions/2010/09/10/09-35969.pdf] (Post-David)
Full post as published by Cocky Law Blawg on September 13, 2010 (boomark / email).
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9th Circuit Says No First Sale on "Licensed" Software - Implications Abound
Vernor v. Autodesk: does it matter in an age of cloud computing
Ninth Circuit rules software reseller cannot invoke 'first sale doctrine' in copyright suit
Significant First Sale Doctrine Cases Before the Ninth Circuit
Vernor v. Autodesk: Copyright, Software Upgrades and Secondary Markets
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