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Company Uses DMCA To Take Down Second-Hand Software

dreemteem writes "A judge Tuesday heard arguments in a dispute over software sales that could potentially have repercussions on the secondhand sale of virtually any copyrighted material. The suit was filed by Timothy Vernor, a seller on eBay, after Autodesk, citing the Digital Millennium Copyright Act, asked eBay to remove some of its software products that Vernor had listed for sale there, and later to ban him from the site. Vernor had not illegally copied the software but was selling legitimate CDs of the products secondhand. For that reason, he argued, he was not infringing Autodesk's copyright. Autodesk countered that because it licenses the software, rather than selling it outright, a licensee does not have the right to resell its products."

4 of 488 comments (clear)

  1. Re:Hope they win by LWATCDR · · Score: 0, Redundant

    You win and thank you for playing!
    Please read the last line of my post for your prize!
    BTW they are also called. USED BOOK STORES and are actually really common.

    --
    See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  2. Re:Autodesk will lose by Ajaxamander · · Score: 0, Redundant

    Wouldn't it be "+2, Hilarious?"

  3. Re:Autodesk will lose by metacell · · Score: 0, Redundant

    Sorry to nitpick, but signing a contract saying you can't resell something is not an example of transferring a right. "Transferring a right" implies that you lose the right and the other party gains it; in this case, that the other party gains the right to resell that particular copy of the book. Signing the contract means the right to resell the book just vanishes into thin air; neither you nor the other party has it.

  4. Re:Autodesk will lose by pbhj · · Score: 0, Redundant

    That's got to be one of the best put downs I've read all week - can I copy it and put it on the Wikipedia "emergent memes" page?