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Author Topic: Doctrine of "first sale" for software - 9th circuit  (Read 1965 times)

tyme

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Doctrine of "first sale" for software - 9th circuit
« on: September 10, 2010, 09:55:28 PM »
http://www.wired.com/threatlevel/2010/09/first-sale-doctrine/

In the 9th circuit, shrink-wrap license terms that forbid you from reselling software you bought are apparently enforceable.

This is so amazingly stupid I am speechless.
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roo_ster

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Re: Doctrine of "first sale" for software - 9th circuit
« Reply #1 on: September 10, 2010, 11:43:13 PM »
I guess I'll have to get my software via some other means than a shrink-wrapped box.

Nah, this won;t have any unintended consequences.
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Re: Doctrine of "first sale" for software - 9th circuit
« Reply #2 on: September 11, 2010, 01:15:45 AM »
Consumer choice.  Don't like the license?  Don't buy it.
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RoadKingLarry

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Re: Doctrine of "first sale" for software - 9th circuit
« Reply #3 on: September 11, 2010, 01:59:59 AM »
Open source anyone?
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Re: Doctrine of "first sale" for software - 9th circuit
« Reply #4 on: September 11, 2010, 03:05:33 AM »
Quote from: RoadKingLarry on September 11, 2010, 01:59:59 AM
Open source anyone?

That's my answer whenever possible.
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zahc

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Re: Doctrine of "first sale" for software - 9th circuit
« Reply #5 on: September 11, 2010, 10:44:50 AM »
Quote
Don't like the license?  Don't buy it.

Usually, the purchaser cannot view the license until the 'product' is purchased, and opened, and the user is in the process of installing it. I'm trying to think of any other situation where a consumer is expected to purchase something and open it before reading the conditions of purchase.

I'm all for people and companies to have whatever contracts that they want...I use open source myself to the extent possible...but if this ruling literally says that the first sale doctrine does not apply then EVERYONE is going to say that reselling their software is illegal--why wouldn't they?
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Re: Doctrine of "first sale" for software - 9th circuit
« Reply #6 on: September 11, 2010, 10:52:47 AM »
Quote from: zahc on September 11, 2010, 10:44:50 AM
I'm trying to think of any other situation where a consumer is expected to purchase something and open it before reading the conditions of purchase.

Obamacare?
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eyebrows

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Re: Doctrine of "first sale" for software - 9th circuit
« Reply #7 on: September 11, 2010, 11:03:46 AM »
^good one  :lol:

I can understand not being able to resell software if it relies on using the company's(software maker) servers and online services. Thats the company's prerogative to restrict access.
But any software that runs entirely within my own system I should be able to resell.

Copyright laws regarding IP(music, software,movies) are getting out of control IMO.
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RevDisk

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Re: Doctrine of "first sale" for software - 9th circuit
« Reply #8 on: September 11, 2010, 12:48:26 PM »
Quote from: Nitrogen on September 11, 2010, 01:15:45 AM
Consumer choice.  Don't like the license?  Don't buy it.

zahc is right.  Most EULA's are software driven or printed and put in the box.  However, virtually all stores have a policy against returning software products that have been opened.

But you are also right.  Open Source and being very selective in my non-open vendors.
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Headless Thompson Gunner

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Re: Doctrine of "first sale" for software - 9th circuit
« Reply #9 on: September 11, 2010, 01:39:39 PM »
Heh.

 =)
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