AutoCAD resale ruling a messy win for first-sale doctrine – Ars Technica
An interesting decision in the 9th Circuit cuts right to the heart of a crucial IP issue–whether software can be owned (under a transfer of ownership), or just (merely) licensed.
The outcome of this ruling, I think, makes common sense. I would argue that people typically think, when they buy something from a company, they own that thing they bought. This line of thought would explain the outrage over Amazon’s 1984 shenanigans. The “secondary market” issue is significant, but I think winning consumers the freedom to do whatever they see fit with purchased digital goods is more important–and that requires a transfer of ownership.