The Importance Of Good Drafting In Software Licenses

Law360, New York (December 9, 2010, 2:59 PM EST) -- In Vernor v. Autodesk Inc.,[1] the U.S. Court of Appeals for the Ninth Circuit held that a reseller of software that had originally been distributed through a license agreement could not invoke the first-sale or essential-step defenses to copyright infringement. The court found that to invoke either of those defenses, a party accused of infringement must demonstrate an ownership interest in the copies of the work at issue as opposed to a mere license right.

The case is important to software licensors because it offers drafting...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.