Resale of 'Licensed" software being questioned in court

toofar · Post by **toofar** » Tue May 27, 2008 6:26 pm

Ottoman42a over at Big Blue Lounge just posted a link to this article. Looks like the pot is being stirred in a big way.

Thanks Ottoman.

Bill

Phil O · Post by **Phil O** » Tue May 27, 2008 6:32 pm

Wow! This could be an important decision.

Phil

MIDI Life Crisis · Post by **MIDI Life Crisis** » Tue May 27, 2008 8:10 pm

Well, of course the courts will settle this (or not). But it is a matter of agreements. If the user "agrees" to the premise, by opening the package, that they are licensing the software - then the software co. wins. OTOH, if the courts think the "sale" is like that of a CD and the physical copy is what is being transferred, then the reseller wins.

In music, you aren't "buying" the music, but you can resell the CD. You never get to use it again. In theory. THe software is really no different. IMO.

It boils down to who has the better lawyer and the more money. I am guessing it is the software co. at this point. But the judge(s) might not agree if they base the ruling on the intellectual property standard that has been in place for many years.

Interesting, and I hope the reseller wins. But that's just me. The guys wasn't (I don't think) making illegal copies? Was he? If so, then that is infringement. Otherwise, I think he has a strong defense.