[free-sklyarov] US court ruling nixes software EULA sales restrictions

[Jei]

---------- Forwarded message ----------
Date: Wed, 28 Nov 2001 09:24:02 -0500
From: Richard Forno <rforno at INFOWARRIOR.ORG>
Reply-To: Law & Policy of Computer Communications <CYBERIA-L at LISTSERV.AOL.COM>
To: CYBERIA-L at LISTSERV.AOL.COM
Subject: US court ruling nixes software EULA sales restrictions

http://www.theregister.co.uk/content/4/23073.html

(includes link to the ruling)

US court ruling nixes software EULA sales restrictions
By Andrew Orlowski
Posted: 28/11/2001 at 13:39 GMT

<snip>

The judge, in the case Adobe vs Softman heard in the Central District of
California, has ruled that consumers can resell bundled software, no matter
what the EULA, or End User License Agreement, stipulates. Specifically, the
ruling decrees that software purchases be treated as sales transactions,
rather than explicit license agreements. In other words, consumers should
have the same rights they'd enjoy under existing copyright legislation when
buying a CD or a book. They can't make copies, but they can resell what they
own.

<snip>

In the case SoftMan was reselling Adobe software it received in bundles or
"collections". Adobe claimed this was a breach of its trademark. Judge
Pregerson wasn't convinced, and decided that existing copyright law should
apply:

"... the purchaser commonly obtains a single copy of the software, with
documentation, for a single price, which the purchaser pays at the time of
the transaction, and which constitutes the entire payment for the 'license.'
The license runs for an indefinite term without provisions for renewal. In
light of these indicia, many courts and commentators conclude that a
"shrinkwrap license" transaction is a sale of goods rather than a license."

<snip>

http://www.theregister.co.uk/content/4/23073.html


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