Slashdot Mirror
Court Says First Sale Doctrine Doesn't Apply To Licensed Software
An anonymous reader wrote to tell us a federal appeals court ruled today that the first sale doctrine is "unavailable to those who are only licensed to use their copies of copyrighted works." This reverses a 2008 decision from the Autodesk case, in which a man was selling used copies of AutoCAD that were not currently installed on any computers. Autodesk objected to the sales because their license agreement did not permit the transfer of ownership. Today's ruling (PDF) upholds Autodesk's claims: "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 user’s ability to transfer the software; and (3) imposes notable use restrictions. Applying our holding to Autodesk’s [software license agreement], we conclude that CTA was a licensee rather than an owner of copies of Release 14 and thus was not entitled to invoke the first sale doctrine or the essential step defense. "
The 9th circuit court makes more rulings than any other circuit, so it also has more rulings overturned than any other court. In terms of percentages, they are not more overruled than any other court.
Your actually wrong on this. The SCOTUS usually overturns ~75% of cases it takes up. With the 9th circuit though, last term they overturned 94% of the cases taken.
.... Reductum ad absurdum is not simply a logical argument ...
No, it's not. because it's a fucking latin term that most people are going to have to look up to understand what it means.
And when it looked it, it says: Reductio ad absurdum is the actual term.
So either your totally into Rectums and had to use that word, or it's some stupid verison of the same word in a language that is DEAD.
Seriously, drop the latin. The language is dead and it makes you look like a snob for using it, and then on top of that, it's not even sure you used it right.
Be seeing you...