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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 16:02:02 -0000


"Accustomed Briefing: You Don’t Own Your Software, So You Can’t Resell

A circadian attending at accustomed annual and the business of
law:Autodesk Wins Appeal: Software Is Licensed, Not SoldTimothy Vernor
ran a abundance on eBay area he awash secondhand software, including
articles by Autodesk (ADSK) that he had purchased at backyard and
appointment sales. According to the Ninth Circuit Cloister of Appeals,
what Vernor in nike shox shoes did is illegal. That’s because, the
cloister disqualified that if the humans and companies who awash Vernor
the Autodesk articles “bought” the software, they in fact didn’t —
instead, they accountant it. Back they accountant it, they didn’t
acquire any appropriate to resell it to Vernor, who aswell didn’t
acquire the appropriate to resell it on eBay. The authorization acceding
that Autodesk broadcast with its software was so powerful, the cloister
ruled, that Vernor (and his antecedent purchasers) didn’t acquire to
accessible the closed software package, install the software and acquire
the acceding of the acceding to be apprenticed by it. Simply
“purchasing” the box of software was sufficient. Vernor’s attorneys at
Public Citizen say Vernor will ask the accomplished Ninth Circuit to
accede the case because this accommodation was rendered by a panel. If
he loses at that stage, he may yield it to the Supreme Court. And if he
were to lose there, again a longstanding, commonsense allotment of
absorb law will be destroyed. Absorb law allows humans who bought
copyrighted actual to resell it as continued as no copies are made,
beneath the “First Sale Doctrine.” If you own it, you can actuate of it
as you wish: advertise it, accommodation it, whatever. It’s the
assumption that allows libraries to accommodation books.As Public
Citizen notes, back any absorb buyer can deliver any “fine print”
certificate with its copyrighted plan that it wants, annihilation stops
music, video, book or added absorb holders from adhering agnate
authorization “agreements,” which would attempt all sorts of resale
markets. Even Autodesk’s advocate accustomed that e-book owners ability
do that, appear Am Law Litigation Daily. As books more about-face
against the cyberbanking medium, it’s accessible to brainstorm a apple
in which libraries can’t accommodation out lots of titles. Way to go,
Ninth Circuit. This isn’t the aboriginal time the Ninth Circuit has
debilitated the Aboriginal Sale Doctrine. Public Knowledge and the
Cyberbanking Frontier Foundation acquire both apprenticed the Supreme
Cloister to about-face the Ninth Circuit’s captivation that the
Aboriginal Sale Doctrine doesn’t administer in the ambience of
appurtenances fabricated overseas. In that case the cloister absitively
that if the acceptable was fabricated overseas, it wasn’t fabricated
pursuant to U.S. absorb law, and so the Aboriginal Sale Doctrine doesn’t
apply. That accommodation aswell affects resellers, whether on eBay or
Main Street, because so abounding appurtenances are fabricated


(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.)

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