Quote:
Originally Posted by HarryT
Please correct me if I'm wrong, but is it not the case that only one court - the 9th circuit court - has made this ruling, and that this particular court has a reputation for making "oddball" decisions which are subsequently overturned by higher courts?
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Only one court has specifically ruled on reselling software. However, other "licenses" for sold property were the foundation of that decision; there were cases of movie producers selling old film "for scrap" and being upset when the footage was resold to be watched, instead of processed into pillow-stuffing or whatever is normally done with old plastic. In those cases, the courts ruled that a sale is a sale--if the original owner didn't contract to have it returned at some point, they couldn't maintain control over the purchaser's use of it.