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...
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