Trio Of Important First Sale Cases All Hit Appeals Court In Early June

from the it's-first-sale-month dept

Zusha Elinson has noted that a trio of important cases concerning the "first sale doctrine" in copyright law will all be heard on appeal in the (at times wacky) 9th Circuit in early June. We've written about all three cases here before. There's UMG v. Augusto, which questions whether or not it's legal to resell "promo CDs" that record labels stamp "not for resale." In that case, the judge ruled that reselling was perfectly fine, and preventing such sales was a violation of the first sale doctrine (and would, effectively, give record labels a way of creating perpetual and all-controlling copyright, if the decision went the other way). Then there's Autodesk v. Vernor, similarly involving the right to resell software. Again, the district court ruled that this was allowed, noting that software is really sold, not (as Autodesk claimed) just licensed.

The third case is the troubling one. MDY v. Blizzard is the one case that went the other way, in a ruling that left many copyright experts scratching their heads, noting that it seemed to go against everything that the first sale doctrine stood for -- and that nothing the guy did (he made a bot that worked in World of Warcraft) actually violated copyright law.

Hopefully, the appeals court upholds the first two cases and reverses the third... but these days, you never know how courts are going to rule on these sorts of issues. And, the 9th Circuit is often notoriously... weird in some of its rulings. Either way, these are three cases worth watching, as they could have a pretty big impact on the question of whether or not you have the right to do what you want with products you bought.
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Filed Under: augusto, copyright, first sale, mdy, vernor
Companies: autodesk, blizzard, umg

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  1. icon
    Designerfx (profile), 12 May 2010 @ 6:52am

    Re: 3rd not the same

    that's not the issue.

    Blizzard controls what runs on their servers, not what runs on your pc. Also, what copyright is exactly "infringed" by running the wowglider while playing wow? none.

    They absolutely cannot dictate what you do, or how you connect. They have tools to change whatever they want, but it doesn't mean they can stop you from doing it. Where do you come up with that? They just provide you a client to authenticate with their servers, and the ability to disconnect/ban you if you chose poorly enough to use their services in the first place.

    Online game w/online subscription = DRM in in a nutshell. Think you can take it with you without paying ongoing? Think you can take it with you for anything outside what they choose? Think you can sell your chars to someone else, etc?

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