Linked by Thom Holwerda on Thu 1st Oct 2009 19:04 UTC
Legal Yesterday morning, we ran an item on the Autodesk case, but we (as in: me) got all confused about what exactly was going on. As it turns out, I was right from the start; despite my update to the item, the case was not resolved. The link in the update referred to an earlier stage of the legal ramblings. However, we now have a real conclusion in this case - and once again, Autodesk lost: software is sold, not licensed. Note: Thanks to Brian W. Carver from Cyberlaw Cases for clearing everything up via email. Much appreciated!
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Purchaser owns copies
by jasutton on Thu 1st Oct 2009 19:52 UTC
jasutton
Member since:
2006-03-28

I posted this fact in a thread about modification of Apple software by the end-user, but now, the judgement made in this case has only strengthened the argument. The judge seems to specifically name the consumer as the "owners of copyrighted material" which would correspond to the "owner of a copy of a computer program" from Title 17 section 117 of the US Code (see below).

"it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine"

Link: http://www4.law.cornell.edu/uscode/17/usc_sec_17_00000117----000-.h...

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