First-Sale Doctrine Doesn't Apply to Software Licenses

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There is a long-running uproar in the gaming community concerning used game sales, with some gamers aghast that codes for downloadable content are diminishing the value of used game purchases. This Wired article has a marvelous overview of today's decision that software makers "can use shrink-wrap and click-wrap licenses to forbid the transfer or resale of their wares, an apparent gutting of the so-called first-sale doctrine." Read on for more details...
The 9th U.S. Circuit Court of Appeal deemed that AutoCAD Release 14 could not be sold on eBay since it was sold by a licensee and not an owner. This reverses an earlier (and well celebrated) decision. Game owners are obviously concerned in that if this decision is upheld, publishers could easily make it impossible for gamers to transfer games. The American Library Association is further concerned that this could inhibit the distribution of books, music and movies.

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This page contains a single entry by Editor published on September 10, 2010 9:18 PM.

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