SAN FRANCISCO — A federal appeals court has sided with the computer software industry in its effort to squelch sales of second-hand programs covered by widely used licensing agreements.
Friday's ruling by the 9th Circuit of Appeals raised worries that it will embolden music labels, movie studios and book publishers to circumvent the so-called "first-sale" doctrine in an attempt to boost their sagging sales.
The doctrine refers to a 102-year-old decision by the U.S. Supreme Court that determined copyright holders can't prevent a buyer from reselling or renting a product after an initial sale, as long as additional copies aren't made.
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It's a legal principle that allows used book and music stores to operate, as well as DVD subscription services such as Netflix Inc.
But a three-judge panel in the 9th Circuit concluded the first-sale doctrine didn't apply to used software programs that online merchant Timothy Vernor peddled in his store on eBay. Vernor had bought the unopened software, made by Autodesk Inc., at garage and office sales, without ever agreeing to the licensing agreement imposed on the original buyer.
That contract made it clear the rights to install Autodesk Inc.'s software were being licensed rather than sold, according to the 9th Circuit's interpretation.
Without a definitive sale, the first-sale doctrine is moot, the appeals court reasoned in its decision overturning a lower federal court in Washington state.
Autodesk, which is based in San Rafael, said it was pleased with the decision.
full story herehttp://www.chron.com/disp/story.mpl/tech/news/7195855.html
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