9th Circuit rules for "licensed, not sold"

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9th Circuit rules for "licensed, not sold"

Post by Ex-Cyber »

This sucks:
Electronic Frontier Foundation wrote:In a major blow to user rights, the Ninth Circuit Court of Appeals has issued a decision that will go a long way toward ensuring that software buyers will rarely be software owners.

In a triumph of legal formalism over reality, the Court held that the copyright’s first sale doctrine – the law that allows you to resell books and that protects libraries and archives from claims of copyright infringement – doesn’t apply to software (and possibly DVDs, CDs and other “licensed” content) as long as the vendor saddles the transfer with enough restrictions to transform what the buyer may think is sale into a mere license.
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Re: 9th Circuit rules for "licensed, not sold"

Post by bizzle »

LOLZ. I'll stick with my torrents.
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Re: 9th Circuit rules for "licensed, not sold"

Post by Quzar »

It'll likely take someone doing this with more traditional media (movie, music, book) before the courts realize their mistake here.
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Re: 9th Circuit rules for "licensed, not sold"

Post by Jeeba Jabba »

Quzar wrote:It'll likely take someone doing this with more traditional media (movie, music, book) before the courts realize their mistake here.

Yeah.. I was about to say that. If you can't sell used games.. How can you sell used movies, CDs or books?
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Re: 9th Circuit rules for "licensed, not sold"

Post by DaMadFiddler »

Jeeba Jabba wrote:
Quzar wrote:It'll likely take someone doing this with more traditional media (movie, music, book) before the courts realize their mistake here.

Yeah.. I was about to say that. If you can't sell used games.. How can you sell used movies, CDs or books?
That was my first thought when I saw this, as well. The MPAA and RIAA must have been waiting in the wings for this decision, because it really opens up the floodgates to redefine the very nature of the media market, in a very anti-consumer way.
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Re: 9th Circuit rules for "licensed, not sold"

Post by Ex-Cyber »

Jeeba Jabba wrote:Yeah.. I was about to say that. If you can't sell used games.. How can you sell used movies, CDs or books?
The logic of the court seems to basically be that an EULA clickwrap license saying that the software is "not sold" -- which is pretty much standard boilerplate wording -- takes priority over an implied contract of sale (note that the court reached its conclusion by deciding that Autodesk still owned the actual physical discs, not merely that the EULA had been violated). Movies, CDs, and books generally don't come with such things. Movies sometimes come with warnings saying "licensed for home viewing only" or similar wording, but that's not a license/contract, it's just telling you that you don't have a license to e.g. broadcast it or use it in public.
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Re: 9th Circuit rules for "licensed, not sold"

Post by Lartrak »

Of course, with this decision out there today, there's not much to prevent sellers of other media to add similar licenses to their respective products. Just stick some stickers on Blu-Ray discs stating that by opening the shrink wrap you agree to X. I'm not convinced they're GOING to do this, but from what I can tell there's nothing stopping it.

And also, decisions like this make me REALLY want to pirate software. :P
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Re: 9th Circuit rules for "licensed, not sold"

Post by Quzar »

Alternatively, some indie developer selling software where the EULA says you are prohibited from using it in the dark or something else silly.
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Re: 9th Circuit rules for "licensed, not sold"

Post by DaMadFiddler »

Quzar wrote:Alternatively, some indie developer selling software where the EULA says you are prohibited from using it in the dark or something else silly.
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Re: 9th Circuit rules for "licensed, not sold"

Post by DanteJay »

*Inserts FFXIV into PS3*
You are prohibited from turning off your PS3 until you pre-order your next Square-Enix game from your local video-game retailer. Any disconnection for our servers will result in an immediate dispatch of your local authorities. Square-Enix wishes to thank you for your purchase of FFXIV. Please enjoy the game.
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Re: 9th Circuit rules for "licensed, not sold"

Post by Ex-Cyber »

Quzar wrote:Alternatively, some indie developer selling software where the EULA says you are prohibited from using it in the dark or something else silly.
One company had a clause in its EULA offering a prize if someone emailed them to claim it. It took thousands of downloads before someone actually did.
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