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9th Circuit Sides With Industry on Stopping Software Resales
The 9th Circuit has sided with the computer software industry in its effort to squelch sales of second-hand programs covered by widely used licensing agreements. A three-judge panel concluded the first-sale doctrine didn't apply to used software programs that online merchant Timothy Vernor peddled in his store on eBay. Vernor had bought the unopened software, made by Autodesk, at garage and office sales, without ever agreeing to the licensing agreement imposed on the original buyer.
September 13, 2010 at 12:00 AM
1 minute read
By Michael Liedtke |
Updated on September 13, 2010
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The original version of this story was published on Law.Com
A federal appeals court has sided with the computer software industry in its effort to squelch sales of second-hand programs covered by widely used licensing agreements.
Friday’s ruling by the 9th U.S. Circuit Court of Appeals raised worries that it will embolden music labels, movie studios and book publishers to circumvent the so-called “first-sale” doctrine in an attempt to boost their sagging sales.
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