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Software First Sale Doctrine Slashed

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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23. Re: Software First Sale Doctrine Slashed Sep 11, 2010, 03:59 NKD
 
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.

I don't really care about laws and such so I'm not defending this ruling. However, people really need to stop claiming that used sales help developers. They don't. The only people they help are consumers who want to save money.

Gotta agree with Jerykk on this one sadly. Someone who is trading in used games is only getting a small portion of their money back, so they are going to try and save as much money as possible and buy used again.

The developer gets nothing out of the deal, but parasites like GameStop can make hundreds of dollars off of one copy of the game.

I'm not a fan of this legal ruling, but developers do have a monetary stake here and I can understand them looking for solutions.

I don't think game developers would go after people selling on Craigslist or Ebay like Autodesk seems to want to do. They are more concerned with what GameStop is doing since they do so much volume and are making a huge profit off of it.

They don't care about you and me selling our games to other gamers directly because we aren't making huge bank off of it, and isn't nearly as convenient as just going into GameStop.

Unfortunately I fear we will get caught in the crossfire.
 
Avatar 43041
 
If you don't like where gaming is heading, stop giving your money to the people who are taking it in that direction.
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    Date Subject Author
  1. Sep 10, 20:21 Re: Software First Sale Doctrine Slashed Prez
  2. Sep 10, 20:43 Re: Software First Sale Doctrine Slashed creatorswhim
  3. Sep 10, 20:57  Re: Software First Sale Doctrine Slashed Zyrxil
  4. Sep 10, 21:03   Re: Software First Sale Doctrine Slashed Fang
  5. Sep 10, 21:40   Re: Software First Sale Doctrine Slashed Parallax Abstraction
  7. Sep 10, 21:55    Re: Software First Sale Doctrine Slashed UttiniDaKilrJawa
  8. Sep 10, 22:04     Re: Software First Sale Doctrine Slashed Scud
  9. Sep 10, 22:13      Re: Software First Sale Doctrine Slashed ASeven
  11. Sep 10, 22:30       Re: Software First Sale Doctrine Slashed Beamer
  13. Sep 10, 22:50        Re: Software First Sale Doctrine Slashed Tumbler
  21. Sep 11, 03:22         Re: Software First Sale Doctrine Slashed Kajetan
  16. Sep 10, 23:49        Re: Software First Sale Doctrine Slashed StingingVelvet
  17. Sep 11, 00:04        Re: Software First Sale Doctrine Slashed zirik
  18. Sep 11, 00:19         Re: Software First Sale Doctrine Slashed Prez
  19. Sep 11, 00:54          Re: Software First Sale Doctrine Slashed Mashiki Amiketo
  20. Sep 11, 00:57          Re: Software First Sale Doctrine Slashed Verno
  22. Sep 11, 03:44     Re: Software First Sale Doctrine Slashed Jerykk
>> 23. Sep 11, 03:59      Re: Software First Sale Doctrine Slashed NKD
  24. Sep 11, 04:33      Re: Software First Sale Doctrine Slashed Kajetan
  25. Sep 11, 05:11       Re: Software First Sale Doctrine Slashed Jerykk
  28. Sep 11, 07:39      Re: Software First Sale Doctrine Slashed Lokust
  31. Sep 11, 11:30       Re: Software First Sale Doctrine Slashed Tumbler
  44. Sep 11, 18:39       Re: Software First Sale Doctrine Slashed Jerykk
  41. Sep 11, 17:03      Re: Software First Sale Doctrine Slashed shponglefan
  42. Sep 11, 17:13      Re: Software First Sale Doctrine Slashed StingingVelvet
  49. Sep 12, 02:24       Re: Software First Sale Doctrine Slashed shponglefan
  50. Sep 12, 03:52        Re: Software First Sale Doctrine Slashed StingingVelvet
  51. Sep 12, 07:39        Re: Software First Sale Doctrine Slashed Jerykk
  52. Sep 12, 14:23         Re: Software First Sale Doctrine Slashed shponglefan
  53. Sep 12, 18:11          Re: Software First Sale Doctrine Slashed Jerykk
  54. Sep 12, 20:03           Re: Software First Sale Doctrine Slashed shponglefan
  55. Sep 13, 05:06            Re: Software First Sale Doctrine Slashed Jerykk
  56. Sep 13, 13:24             Re: Software First Sale Doctrine Slashed Tumbler
  57. Sep 13, 14:20             Re: Software First Sale Doctrine Slashed shponglefan
  33. Sep 11, 13:19   Re: Software First Sale Doctrine Slashed Rob
  6. Sep 10, 21:51 Re: Software First Sale Doctrine Slashed SirKnight
  10. Sep 10, 22:29 Re: Software First Sale Doctrine Slashed Riker
  12. Sep 10, 22:31  Re: Software First Sale Doctrine Slashed NKD
  26. Sep 11, 05:32  Re: Software First Sale Doctrine Slashed Dev
  27. Sep 11, 05:43   Re: Software First Sale Doctrine Slashed StingingVelvet
  29. Sep 11, 09:03   Re: Software First Sale Doctrine Slashed The Pyro
  30. Sep 11, 09:41    Re: Software First Sale Doctrine Slashed Beamer
  36. Sep 11, 15:00     Re: Software First Sale Doctrine Slashed tuddies
  38. Sep 11, 15:18      Re: Software First Sale Doctrine Slashed Mashiki Amiketo
  39. Sep 11, 15:25       Re: Software First Sale Doctrine Slashed tuddies
  40. Sep 11, 15:47        Re: Software First Sale Doctrine Slashed Mashiki Amiketo
  47. Sep 11, 22:15         Re: Software First Sale Doctrine Slashed tuddies
  48. Sep 12, 00:00          Re: Software First Sale Doctrine Slashed Mashiki Amiketo
  14. Sep 10, 23:17 Re: Software First Sale Doctrine Slashed Verno
  15. Sep 10, 23:46 Re: Software First Sale Doctrine Slashed Creston
  32. Sep 11, 13:07 Re: Software First Sale Doctrine Slashed theyarecomingforyou
  34. Sep 11, 13:39  Re: Software First Sale Doctrine Slashed Tumbler
  37. Sep 11, 15:03   Re: Software First Sale Doctrine Slashed tuddies
  35. Sep 11, 14:54  removed tuddies
  43. Sep 11, 18:15 Re: Software First Sale Doctrine Slashed Verno
  45. Sep 11, 21:03  Re: Software First Sale Doctrine Slashed StingingVelvet
  46. Sep 11, 22:03   Re: Software First Sale Doctrine Slashed Slashman


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