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Software First Sale Doctrine Slashed

[Sep 10, 2010, 8:17 pm ET] - Share - Viewing Comments

Wired.com reports a ruling by a federal appeals court (Adobe Acrobat format) saying that first-sale doctrine is "unavailable to those who are only licensed to use their copies of copyrighted works," which makes it unlawful to resell software distributed under shrink-wrap and click-wrap licenses. As they explain: "The first-sale doctrine of 1909, in its current form, allows the 'owner of a particular copy' of a copyrighted work top sell or dispose of his copy without the copyright owner's authorization. 'The first sale doctrine does not apply to a person who possesses a copy of the copyrighted work without owning it, such as a licensee,' the court ruled." This case was an appeal of a case involving sales of AutoCAD on eBay, and it sounds likely that another appeal will follow. Thanks Aclesius via Slashdot.

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41.

Re: Software First Sale Doctrine Slashed

Sep 11, 2010, 17:03

shponglefan

Jerykk wrote on Sep 11, 2010, 03:44: A lot of money thats used to buy new games in fact comes from trade-ins of games which does fuel used game trade. It also helps customers buy those shiny new 60 dollar games. Your logic has some holes in it: 1) The sale of the used game does not benefit the developer or publisher of that game. 2) If someone sells their games and is running tight on money, why would he or she buy shiny new $60 dollar games? It makes more sense to buy the $55 used games that Gamestop offers so readily. 3) Different developers make different games. Selling a used copy of Game A and then using that money to buy a new copy of Game B does not benefit the developer of Game A. Oh, not this retarded nonsense again... :-facepalm-:

Subject

Comment [quote="shponglefan"Sep 11, 2010, 17:03][quote="Jerykk"Sep 11, 2010, 03:44]q[A lot of money thats used to buy new games in fact comes from trade-ins of games which does fuel used game trade. It also helps customers buy those shiny new 60 dollar games.]q Your logic has some holes in it: 1) The sale of the used game does not benefit the developer or publisher of that game. 2) If someone sells their games and is running tight on money, why would he or she buy shiny new $60 dollar games? It makes more sense to buy the $55 used games that Gamestop offers so readily. 3) Different developers make different games. Selling a used copy of Game A and then using that money to buy a new copy of Game B does not benefit the developer of Game A.[/quote] Oh, not this retarded nonsense again... :facepalm: [/quote]

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