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Old 11-10-2009, 02:16 PM   #16
Shaggy
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Originally Posted by HarryT View Post
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?
There have been multiple rulings. The latest was in October.
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Old 11-10-2009, 07:02 PM   #17
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Originally Posted by LoganK View Post
The argument that makes software and electronic media so tricky is the concern that the original owner retains a copy and thus violates copyright. In effect, the publishers are arguing that it is so easy to make a copy (or, conversely, so difficult to completely remove all copies) that the original ruling should be modified.
Yes, but those "presumptions of guilt", "I believe my customer is a crook and will keep a copy" ideas hopefully won't fly.
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Old 11-10-2009, 07:27 PM   #18
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Originally Posted by Shaggy View Post
Exactly. They can put anything they like in the fine print, but in this case it's unenforceable. US Courts have already ruled on situations like this. It is a sale, not a license.
Same under UK law. If your button says "purchase" rather than "aquire liscence", then you're selling. More, if you're selling a liscence then you need to abide by the law on services, which...well...most companies do not want to go there,
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