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Used Software Can Be Sold, Says EU Court of Justice
tomos:
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Some saying software doesnt wear out.
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-tomos (July 04, 2012, 02:41 AM)
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Apparently, Intuit customer service does:
http://omgplzstfukthx.blogspot.com/2008/01/you-need-exe-fluid.html
:Thmbsup:
-Edvard (July 05, 2012, 02:14 AM)
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;D ... has your boss got pointy hair :)
4wd:
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.
-app103 (July 04, 2012, 10:45 PM)
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I thought I remembered something about a court case involving the sale of secondhand software in the USA: Court smacks Autodesk, affirms right to sell used software
Highlighting by me:
A federal district judge in Washington State handed down an important decision this week on shrink-wrap license agreements and the First Sale Doctrine. The case concerned an eBay merchant named Timothy Vernor who has repeatedly locked horns with Autodesk over the sale of used copies of its software. Autodesk argued that it only licenses copies of its software, rather than selling them, and that therefore any resale of the software constitutes copyright infringement.
But Judge Richard A. Jones rejected that argument, holding that Vernor is entitled to sell used copies of Autodesk's software regardless of any licensing agreement that might have bound the software's previous owners. Jones relied on the First Sale Doctrine, which ensures the right to re-sell used copies of copyrighted works. It is the principle that makes libraries and used book stores possible. The First Sale Doctrine was first articulated by the Supreme Court in 1908 and has since been codified into statute.
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But as Vernor's lawyers pointed out, the distinction between a lease and a sale is based on the actual characteristics of the transaction, not merely on how the transaction is described by the parties. And characterizing AutoCAD as merely licensed, rather than sold, barely passes the straight face test. AutoCAD customers pay a lump sum at the time of purchase, with no obligation to make further payments or to return the software at the conclusion of the supposed lease.
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As the Electronic Frontier Foundation's Corynne McSherry put it in a Thursday blog post, "if it looks like a duck and quacks like a duck, chances are it's a duck." Autodesk clearly sells its software, and merely re-labeling the transaction as a license doesn't negate the First Sale Doctrine.
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IainB:
I've just cross-linked this discussion to Re: Reader's Corner - The Library of Utopia, because it potentially could embrace "used" ebooks.
That is, if used software can be sold as such, then digital material generally could potentially be regarded in the same light - e.g., including ebook files, mp3 files, etc.
Not holding my breath, mind you. ;)
ewemoa:
Now I'll be up for the rest of the night [hopefully] assimilating what is there.
-barney (July 04, 2012, 11:45 PM)
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I hope your health wasn't impacted adversely :) At least the writing seems clear and it didn't feel too long...
4wd:
Gonna ruin a [semi-]perfect alcoholic buzz with significant amounts of dark coffee :(.-barney (July 04, 2012, 11:45 PM)
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Which would be improved by the addition of Kahlúa and keep the buzz going a little longer :)
Or just drink the Kahlúa and get your caffeine that way :D
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