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US Court Upholds EULAs, Criminalises Pretty Much All of Us
on Fri 10th Sep 2010 23:38 UTC
EULAs, and whatever nonsense they may contain, are legally binding in the US. Have a great weekend!
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The judge is an idiot
on Sat 11th Sep 2010 00:21 UTC
Because Vernor did not purchase the Release 14 copies from an owner, he may not invoke the first sale doctrine, and he also may not assert an essential step defense on behalf of his customers.
Right here, the judge pretty much confirmed his lack of intelligence. You can see what he's saying: the architectural firm bought the software, so THEY had first sale protection, but Vernor didn't. However, what IS the First Sale Doctrine in the first place?
This means that the copyright holder's rights to control the change of ownership of a particular copy ends once that copy is sold, as long as no additional copies are made. This doctrine is also referred to as the "right of first sale," "first sale rule," or "exhaustion rule."
Okay, so if the rights END at the FIRST SALE, how can they then skip around to the SECOND SALE and start back up again? The judge CLEARLY just lost his mind... or was paid off.
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