To read Judge Callahan’s opinion, click here.Two years ago Timothy Vernor took Autodesk to court in the US, for using VeRO to remove 2nd hand copies of Autodesk’s Autocad software that he was selling on eBay.Īutodesk claimed that their software was licensed and never sold, and so their customers don’t have the right to re-sell the product.
If you disagree with this ruling, Callahan has a suggestion: “Congress is free, of course, to modify the first sale doctrine and the essential step defense if it deems these or other policy considerations to require a different approach.” Vernor is accordingly not entitled to invoke the first sale doctrine. Rendering his opinion, Judge Callahan wrote, “We hold that because CTA is a licensee, not an owner, the ‘sale’ of its Release 14 copies to Vernor did not convey ownership. To make his case, Vernor cited The First Sale Doctrine, which allows a buyer to transfer, sell, or give away a lawfully made copy of a copyrighted item. Vernor brought the case against Autodesk, hoping to be able to sell the used copies of AutoCAD in his possession without interference from Autodesk.
Most software merchants like Autodesk contend that their software is “licensed,” not “sold” therefore, they argue, software buyers (or licensees) cannot resell, trade, or transfer their software (like they could with, say, used books or furniture). ” (” Autodesk Wins Copyright Appeal,” Reuters, Sep 10, 2010). “It stated that the license is nontransferable, the software could not be transferred or leased without Autodesk’s written consent. “ Autodesk retained title to the software and imposed significant transfer restrictions,” 9th Circuit Judge Consuelo Callahan wrote for a unanimous three-judge panel. This week, Jones’ observations prove prophetic. The MDY court favored the copyright holder, whereas the court in UMG Recordings favored the consumer.”
Since that opinion, at least two more courts have joined the cacophony. 2d at 1174 (citing rulings from courts in California, New York, and Utah). Near the end of his 26-page statement, Jones also cautioned, “ across the nation have issued rulings that adopt and reject the equivalent of the parties’ positions here. Vernor has prevailed in his claim that Autodesk’s copyright does not prevent him from reselling his AutoCAD packages.” (” Software Resale on eBay: Court Sided with Reseller,” October 13, 2009). Autodesk, he sided with ebay merchant Vernor, declaring “Mr. Jones rendered his judgment in Vernor vs.
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