If you paid for a used but genuine CD-ROM containing autoCAD software with a "shrinkwrap license," could you resell it on eBay? Is that any different from buying a used book then reselling that book on eBay, which is permitted under copyright law and is called the "first sale doctrine?" That was the question before the Ninth Circuit in a case involving Autodesk, the owner of copyrighted autoCAD software.
An eBay "PowerSeller" named Timothy Vernor bought a used copy of autoCAD software on genuine CD-ROMs at a garage sale. The "shrinkwrap" seal had already been broken, and prior cases have decided that a user opening the seal is legally bound to the terms written on the shrinkwrap sleeve.
Monday, September 27, 2010
How Can A Software Supplier Control Resale Of Its Software?
Thursday, September 23, 2010
How To “Take Down” Infringing Content
Suppose you find a website or android application that has copied content from your website, or someone is selling counterfeit merchandise on eBay. What can you do about it? If the competing website, vendor, or application is infringing your intellectual property, you could sue them, of course.
But there is potentially a much simpler inexpensive course of action. You can notify Google, eBay, or other Internet service providers that your intellectual property is being infringed and ask that they “take down” the infringing content. Service providers will oblige and take down the content if they agree that your rights are being violated.
Wednesday, September 22, 2010
Eye On IP Is Back!
Eye On IP is back! As we return, we are introducing our new blog format. This format allows past updates on Intellectual Property to be readily available for reference as well as allowing comments from readers to create dynamic, wide ranging discussions on all aspects of IP.
We want to take the opportunity to update what’s been going on with the firm. In particular:
Subscribe to:
Posts (Atom)