Quote:
Originally Posted by rhadin
Can you give a cite to the cases? Thanks.
|
Single case specifically dealing with software, as far as I know.
Vernor vs Autodesk
Techdirt quick rundown:
Court Says Reselling Software Is Okay
Arstechnica more detailed analysis:
Court smacks Autodesk, affirms right to sell used software
Judge Jones decision,
21-pg PDF. Excerpt from page 10:
In comparing the transactions found to be sales in Wise with those that were not, the critical factor is whether the transferee kept the copy acquired from the copyright holder. When the film studios required that prints be returned, the court found no sale. When the studios did not require the transferee to return the prints, the court found a sale.
Background:
US vs Wise
There's a tangle of other related cases about copyrighted material (films, books) sold as scrap for salvage, with the proviso that they not be resold as, well, books & movies, and the courts overturning that--you can't sell books for insulation and then sue if someone decides to read the pages.