Kudo's Mark on the post. I put up some info on this on woodweb.
Here are my first comments:
would have to say that everyone should be aware now, if a vendors licence agreement says, "You don't own it"., you don't. Ask for it, now that we know, or believe what they say in there (the decision link below) about it taking an Act of Congress to change, or
I am disappointed, that only now does a previous purchaser know for sure if what they have is theirs or not. They didn't know the court would find this way.
For less space here, note this part here:
C. Vernor’s four counterarguments are not persuasive
1. The district court’s decision concerning indefinite
possession
All it says to me is "Read the License" on all software. My customers own their copies. I find it unreasonable and the implications on development, possibly staggering. Get it in writing, "You own the software and can sell it and claim it as your business asset."
It seems every time this issue was heard, the court sidestepped, and based their decision on a bunch of side steps, but they were thorough and mentioned Congress.
Comments?
https://docs.google.com/leaf?id=0B3vwSdJCbc7oY2I2OWU2MGEtMDk3Yi00YmZmLTgyYzEtNTBhNzk3Nzk2OWQ0&sort=name&layout=list&num=50So apparently, the en banc court (full bench at the 9th, of probably actually only 11 of the 28 judges) can reconsider it., or the Supreme Court, or an Act of Congress.
The case will be appealed to the Supreme Court, if the en blanc court does not take it, but they may not even hear the case. I am sure they will if enough people raise awareness. The judges must decide to hear it en blanc. Sounds like it will take a lot of letters. What I don't like, is that he bought ACAD14 from an architect who upgraded and kept and used the upgraded copies. That's a real big deal. That's different from selling only the (upgraded and probably discounted) originals. The case wasn't the architect selling his only "most current" unused copies. These ELUA's tell you you must destroy your old software, etc.
Sounds like its time for consumer advocate trademark like... "YOM"
(You Own Me) on the outside of packaging. This way you know you will own it before opening the shrink wrap (which usually means you cannot return it to a store).
To me, if this is interpreted broadly and upheld, the court just devalued every American business using computer technology installed with ELUA's that seemed to contradict the First Sale Doctrine.
Think about it...
Not only do you need the approval of a software vendor to sell the software with your business (hoping your business relationship is good (even if they ripped you off), but they also have to approve license transfer (they could require a large sum of $ and even a 30 page test of computer competency and require they "like" the new “licensee”, or you can't get a dime for it. Sigh.