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Used Software Can Be Sold, Says EU Court of Justice

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Renegade:
Will be interesting to see what happens now.

Will software now have to cater to being passed on/sold and re-registered?
-tomos (July 04, 2012, 02:41 AM)
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Not sure... I'm thinking that there may be a backlash, e.g. sell activations for software that are linked to email addresses -- all of a sudden, the software is unusable and unsellable for any after market.

There's more than one way to be a prick. :(

app103:
In fact it's a bit like a step towards a severe correction to the tendency towards copyright "absolutism".
Who knows, it could even be opening the door to the possibility of the abolition of copyright?
-IainB (July 03, 2012, 07:13 PM)
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Seems more like extending the application of First Sale Doctrine to downloaded digital goods. First Sale Doctrine limits the copyright holder's rights to the first sale and allows resale of used goods. First Sale Doctrine is what currently allows you to sell, gift, or lend your used music CD's, movie DVD's, and printed books, and allows libraries & rental businesses to exist without violating copyright law. Previously, digital goods were not included in that because unlike copyrighted goods sold on physical media, transfer required reproduction of the digital goods.

Here is another good read to explain the issues with reproduction and First Sale Doctrine, under current US law, and why the doctrine doesn't apply to software in the US: http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01854.htm

TaoPhoenix:

Here is another good read to explain the issues with reproduction and First Sale Doctrine, under current US law, and why the doctrine doesn't apply to software in the US: http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01854.htm
-app103 (July 04, 2012, 04:49 PM)
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So the key section seems to be here:
The first sale doctrine, codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner. The right to distribute ends, however, once the owner has sold that particular copy. See 17 U.S.C. § 109(a) & (c). Since the first sale doctrine never protects a defendant who makes unauthorized reproductions of a copyrighted work, the first sale doctrine cannot be a successful defense in cases that allege infringing reproduction.

So is the US version saying that you have trouble selling "that particular copy" because if it was a download on to a HD it can never be the same file if you put it anywhere else for the buyer? What if the original download was on a removable medium?

app103:
So is the US version saying that you have trouble selling "that particular copy" because if it was a download on to a HD it can never be the same file if you put it anywhere else for the buyer? What if the original download was on a removable medium?
-TaoPhoenix (July 04, 2012, 06:35 PM)
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You should have read the next paragraph:

Most computer software is distributed through the use of licensing agreements. Under this distribution system, the copyright holder remains the "owner" of all distributed copies. For this reason, alleged infringers should not be able to establish that any copies of these works have been the subject of a first sale.
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When you buy a book, you own the physical book, you can legally sell it if you want. First Sale doctrine applies.

But when you buy software, you never actually own it under US law. You have only bought for yourself a right to use it. The copyright owner still owns the software, so you can't sell it. First Sale doctrine doesn't apply because a first sale was never made.

eleman:
When you buy a book, you own the physical book, you can legally sell it if you want. First Sale doctrine applies.
-app103 (July 04, 2012, 10:45 PM)
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So what's stopping book sellers (or refrigerator sellers for that matter) from attaching an EULA on the back of the cover (inside the refrigerator) and claiming that the book (refrigerator) was not actually sold, it was just licensed?

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