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[News] [SOT] First-Sale Doctrine defended against Intellectual Monopolist

  • Subject: [News] [SOT] First-Sale Doctrine defended against Intellectual Monopolist
  • From: Homer <usenet@xxxxxxxxxx>
  • Date: Sat, 24 May 2008 21:32:54 +0100
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  • Newsgroups: comp.os.linux.advocacy
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  • Organization: Slated.org
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  • Xref: ellandroad.demon.co.uk comp.os.linux.advocacy:645340
eBayer defends right to re-sell software:

Last fall, Timothy "Happy Hour" Vernor sued Autodesk for $10m, after the
software maker barred him from selling second-hand copies of its rather
expensive AutoCAD app via eBay. At the time, Vernor was flying without a
lawyer. But his case was soon embraced by the legal minds at Public
Citizen, and on Wednesday, a federal judge told the world that his
AutoCAD sales are A-OK.

Vernor hasn't actually won his case - or received damages. But Judge
Richard Jones has denied Autodesk's motion to dismiss the suit, and with
this denial, Jones laid down some words that provide some added
protection for eBay sellers everywhere. Not to mention other
software-happy net merchants.



UMG Says Throwing Away Promo CDs is Illegal:

In a brief filed in federal court yesterday, Universal Music Group (UMG)
states that, when it comes to the millions of promotional CDs ("promo
CDs") that it has sent out to music reviewers, radio stations, DJs, and
other music industry insiders, throwing them away is "an unauthorized
distribution" that violates copyright law. Yes, you read that right --
if you've ever received a promo CD from UMG, and you don't still have
it, UMG thinks you're a pirate.

Intellectual Insanity:

So it is with one particularly virulent strain of oppression called
"Intellectual Property", or more accurately "Intellectual Monopoly", the
bastard son of the unholy triumvirate - Copyrights; Patents and Trademarks.

My attention was recently drawn to one particularly poignant example of
such oppression, on the Creative Labs message boards. A volunteer, who
goes by the pseudonym of daniel_k, had succeeded in accomplishing
something that Creative Labs (with all their resources) apparently could
not - fully functional X-Fi drivers for Windows Vista. This magnificent
achievement was subsequently rewarded with a notification to cease and
desist, accompanied by the veiled threat of litigation.



| 'When it comes to knowledge, "ownership" just doesn't make sense'
|     ~ Cory Doctorow, The Guardian.  http://tinyurl.com/22bgx8

Fedora release 8 (Werewolf) on sky, running kernel
 21:32:36 up 155 days, 18:08,  5 users,  load average: 0.33, 0.25, 0.19

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