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Precedent Set in Software Resale

I tried emailing this to JAMOTO but don't know if it made it to them. There was a very interesting case Vernor vs. Autodesk in which some very good precedent was set regarding Software Resale.
The following is a link to an article at CADALYST magazine which describes the case and the judgement.

From the article:
The court made several important pronouncements, including the following:

* Vernor is entitled to the protection of the first-sale doctrine.
* Vernor's resale of AutoCAD packages is not contributory copyright infringement.
* Autodesk has not established that its license binds Vernor or his customers.

Thought Molly would be especially interested in this too.
CADALYST is actually going to be publishing another article in September that deals with the broader issue of software resale, etc.

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In reply to: Precedent Set in Software Resale

but can a retailer be forced to allow activation?

I know stardock does not let you resale there stuff since they have lifetime re-downloads from there servers directly.

They use a product key thats tied to a user account.

So if you wanted to sell one product you would have to sell THEM ALL... (all the products you bought, your selling your account)

And they still sell the old versions (and when they become commercially unviable i would assume they would do one final update and make it free)

So how can you make this company allow for first sales for what is considered a digital media?? Once you open it and use it, you can't resell it because they key is tied to your account and they wont untie it.

(this is so they don't have to do DRM, they do one activation when you get the product that registers it and allows updates via there systems.)

I belive tom said there is no viable way to make a first sale on a pure digital item.. which would mean all music or programs that can be gotten online, can't be resold. (like music from e-music or mp3's of any kind)

But can this cause issues for DVD's and CD's? I mean once you rip it off you can sell it, and keep the music.

*shudders from the comprehension that only DRM would help there*

Bye gotta go take a chill pill

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But copying CDs or DVDs

In reply to: hmmm

that you legally own is fair use. The problem is when you then sell the originals. At that point you no longer own a copy, legally. Keeping your copies is then piracy. I know a lot of people who do this, but it is piracy, like it or not.

My solution is to keep my originals. I have always done this. Of course, I never buy CDs or DVDs that I don't want to own, so I expect to keep them to begin with. I store them in a locked cabinet and growl at anyone who tries to open it.

This is the way everybody should be doing things. When the fair use doctrine was first thought of for home copies, it was assumed that the originals would be kept. At the time, it was impossible to maintain high quality with copies, and that made the issue easy to ignore. People need to show responsibility if they want to avoid heavy handed measures to keep them honest.


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he he

In reply to: But copying CDs or DVDs

growling Happy

makes sense though.. but everything in this arena is moving pretty fast.. i just hope we don't crash and get hurt

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