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Wednesday, 7 October 2009

Software - you've bought it (not licensed it)!

According to a story in The Register, a US Court has ruled that software companies cannot prevent purchasers from re-selling software, in effect disallowing the claim that only a licence to use the software has been sold to the purchaser.

This obviously has far-reaching implications, since the licensing of software is enshrined in all end-user agreements which purchasers have to sign when they install the software.


The court ruling arose from an action by Autodesk, who sued Timothy Vernor, who was selling legitimate copies of Autodesk software on eBay, for copyright infringement, claiming that it sells only licences to use its software and that those who pay for it do not necessarily have the right to sell it on.


The court ruled: ". . . the transfer of AutoCAD copies via the License is a transfer of ownership".

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