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Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scan
From: |
Alexander Terekhov |
Subject: |
Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scandalous ruling) |
Date: |
Wed, 08 Dec 2010 16:01:32 -0000 |
http://en.wikipedia.org/wiki/Mergers_and_acquisitions in jeopardy as
well.
http://ipspotlight.com/2010/09/19/ninth-circuit-licensee-of-off-the-shelf-software-may-not-resell-used-copies-of-the-software/
"Ninth Circuit: Licensee of off-the-shelf software may not resell used
copies of the software
September 19, 2010, 8:19 pm
Filed under: Copyrights, Due Diligence
Attorneys and IT consultants who handle intellectual property due
diligence will want to note a recent decision by the Ninth Circuit
relating to the transferability of licensed software. In Vernor v
Autodesk, the Court considered the case of Timothy Vernor, who sold used
copies of Autodesks AutoCAD software on eBay. Autodesk argued that the
sales constituted copyright infringement. Vernor argued that the
software copies were governed by the first sale doctrine, which is an
affirmative defense to copyright infringement that allows owners of
copies of copyrighted works (e.g., books, CDs, DVDs) to resell those
copies.
The court analyzed the AutoCAD license agreement to determine whether
AutoCAD users were owners of a copy or licensees, as only owners of
a copy are eligible to assert the first sale doctrine. Reviewing the
AutoCAD license agreement, the court noted that the agreement prohibited
customers from renting, leasing, or otherwise transferring the software
without Autodesks prior written consent. Focusing on the assignability
and use restrictions of the license agreement, the court found that
AutoCAD users are mere licensees and thus not permitted to resell the
software:
We hold today that a software user is a licensee rather than an owner of
a copy where the copyright owner (1) specifies that the user is granted
a license; (2) significantly restricts the users ability to transfer
the software; and (3) imposes notable use restrictions.
The courts decision should remind entities involved in merger and
acquisition due diligence that software licenses may not automatically
transfer in the transaction. If the license significantly restricts
the users ability to transfer and imposes use restrictions (each of
which is the case in many software licenses), then the purchaser may
need to obtain consent before the software can transfer to the new
entity. "
regards,
alexander.
--
http://gng.z505.com/index.htm
(GNG is a derecursive recursive derecursion which pwns GNU since it can
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards
too, whereas GNU cannot.)
- First sale litigation in Germany, (continued)
- First sale litigation in Germany, Alexander Terekhov, 2010/12/08
- Re: First sale litigation in Germany, Hadron, 2010/12/08
- Re: First sale litigation in Germany, David Kastrup, 2010/12/08
- Re: First sale litigation in Germany, Hadron, 2010/12/08
- Re: First sale litigation in Germany, David Kastrup, 2010/12/08
- Re: First sale litigation in Germany, Hadron, 2010/12/08
- Re: First sale litigation in Germany, David Kastrup, 2010/12/08
- Re: First sale litigation in Germany, Alexander Terekhov, 2010/12/08
- Re: First sale litigation in Germany, David Kastrup, 2010/12/08
- Re: First sale litigation in Germany, Alexander Terekhov, 2010/12/08
- Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scandalous ruling),
Alexander Terekhov <=
- Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scandalous ruling), David Kastrup, 2010/12/08
- Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scandalous ruling), Alexander Terekhov, 2010/12/08
- Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scandalous ruling), David Kastrup, 2010/12/08
- Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scandalous ruling), Alexander Terekhov, 2010/12/08
- Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scandalous ruling), David Kastrup, 2010/12/08
- Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scandalous ruling), Alexander Terekhov, 2010/12/08
- Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scandalous ruling), David Kastrup, 2010/12/08
- Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scandalous ruling), Alexander Terekhov, 2010/12/08
- Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scandalous ruling), David Kastrup, 2010/12/08
- Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scandalous ruling), Alan Mackenzie, 2010/12/08