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Re: The 9th Circuit just made most of us criminals.
From: |
David Kastrup |
Subject: |
Re: The 9th Circuit just made most of us criminals. |
Date: |
Wed, 08 Dec 2010 16:01:07 -0000 |
User-agent: |
Gnus/5.13 (Gnus v5.13) Emacs/24.0.50 (gnu/linux) |
RJack <user@example.net> writes:
> Your software EULA can make you a criminal if you don't hire a lawyer
> and have him review your license terms:
>
> "[5] 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...
[...]
The relevancy of this verdict regarding first sale goes down a lot once
you consider that the copies in question were _upgraded_ to a newer
version (rather than buying a new full version), and the upgrade
agreement involved destroying the original copy. So the first sales
right did not get lost, but was _repurchased_ by Autodesk, in return for
a sizeable amount of money.
Of course, selling the original copy of the software while still making
use of it (via the upgraded version) is not really viable.
Puts a bullet through Alexander's strange "once it was not provably an
illegal copy, I can do whatever I want with it without heeding the
agreement under which I had been entitled to make a copy" theory.
Not much of a surprise here.
--
David Kastrup
- Re: A drunken judge in the SDNY, (continued)
- Re: A drunken judge in the SDNY, RJack, 2010/12/08
- Re: A drunken judge in the SDNY, Alan Mackenzie, 2010/12/08
- Re: A drunken judge in the SDNY, c_stuff, 2010/12/08
- Re: A drunken judge in the SDNY, Alan Mackenzie, 2010/12/08
- Re: A drunken judge in the SDNY, RJack, 2010/12/08
- Re: A drunken judge in the SDNY, Alan Mackenzie, 2010/12/08
- Re: A drunken judge in the SDNY, David Kastrup, 2010/12/08
- Re: A drunken judge in the SDNY, RJack, 2010/12/08
- Message not available
- Message not available
- Buh bye, Chris Ahlstrom, 2010/12/08
- The 9th Circuit just made most of us criminals., RJack, 2010/12/08
- Re: The 9th Circuit just made most of us criminals.,
David Kastrup <=
- Re: The 9th Circuit just made most of us criminals., RJack, 2010/12/08
- Re: The 9th Circuit just made most of us criminals., David Kastrup, 2010/12/08
- Re: The 9th Circuit just made most of us criminals., RJack, 2010/12/08
- Drunken Ninth Circuit judges, RJack, 2010/12/08
- Re: Drunken Ninth Circuit judges, RJack, 2010/12/08
- 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), Alexander Terekhov, 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), Alexander Terekhov, 2010/12/08
- Re: Utterly imbecile pinky communist Ninth Circuit 'judges' (Vernor scandalous ruling), Alexander Terekhov, 2010/12/08