As such, Autodesk could not pursue an action for copyright infringement against Vernor, who sought to resell used versions of its software on eBay. was a case in the United States District Court for the Western District of Washington regarding the applicability of the first-sale doctrine to software sold under the terms of so-called " shrinkwrap licensing." The court held that when the transfer of software to the purchaser materially resembled a sale (non-recurring price, right to perpetual possession of copy) it was, in fact, a "sale with restrictions on use" giving rise to a right to resell the copy under the first-sale doctrine.
United States copyright law, First-sale doctrine, Software licensing (Reversed and Remanded on appeal by 9th Cir.) 30, 2009) (granting summary judgment for Vernor).Īutodesk's motion to dismiss denied because Autodesk distributed copies of its software in transactions that, despite the inclusion of a restrictive license agreement, were best characterized as sales of the copies, giving rise to a right to redistribute those copies under the first-sale doctrine. United States District Court for the Western District of Washington ( September 2010) ( Learn how and when to remove this template message) Please improve this by adding secondary or tertiary sources.
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