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Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scan


From: David Kastrup
Subject: Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scandalous ruling)
Date: Wed, 08 Dec 2010 16:01:38 -0000
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/24.0.50 (gnu/linux)

JEDIDIAH <address@hidden> writes:

> On 2010-09-20, Alexander Terekhov <address@hidden> wrote:
>>
>>
>> Piss off silly dak.
>>
>> "The purchased upgrades have no bearing on this case
>>
>> The court didn't address the issue of the upgrades because it has no
>> bearing on the case. Nothing in the upgrade agreement specifically
>> transferred ownership of the R14 copies back to Autodesk. So, if it can
>> be proved that CTA owned the R14 copies before the upgrade, they still
>> owned them after the upgrade (in addition to the R15 copies). The
>> requirement to destroy the copies by itself doesn't transfer ownership
>> (this is consistent with precedent in United States v. Wise where
>> transfer of copies strictly for the purpose of salvage or destruction
>> still constitutes a sale or other transfer of ownership).
>
>     I would approach it from the other side.
>
>     The old version of AutoCAD gives the original owner rights to use
> the upgrade version.

Before you even bought the upgrade?  Unlikely.

> If they sell their old version then they no longer have rights to the
> upgrade version. It's like they rented a movie from Blockbuster and
> then copied it and kept the copy.
>
> [deletia]
>
>     The rights of the original owner should have terminated. Their rights
> in the full version they bought as well as the upgrade version.
>
>     They should have gotten a visit from the BSA and the guy on Ebay should
> have been left alone.

Uh, they _were_ defendants here.  The "guy on Ebay" however can't well
be left alone to sell the infringing copy of the original full version
pretending that the buyer can still run it with a license from Autodesk.

If he sells them as interior decoration items, Autodesk would have a
problem hassling him for it.

-- 
David Kastrup


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