'1st Sale' Doctrine Permits Resale Of Software

Law360, New York (June 12, 2008, 12:00 AM EDT) -- In its recent decision in Vernor v. Autodesk, No. C07-1189RAJ (W.D. Wash., 5/20/08), the U.S. District Court for the Western District of Washington ruled that:

(1) the distribution by Autodesk of software under an agreement granting the recipient a "nonexclusive, nontransferable license" to use the software and prohibiting the recipient from transferring the software was a transaction in which the software was sold, and not licensed, by Autodesk; and

(2) under copyright law's first sale doctrine, the resale of that software by the recipient (or any...
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