

EFF Wins Landmark Ruling Freeing Promo CDs for Resale - ek
https://www.eff.org/press/archives/2011/01/04-0

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cduan
There was another recent case that touched on the related question of whether
violation of a license agreement attached to software could give rise to
copyright infringement:

[http://www.eff.org/deeplinks/2010/12/mixed-ninth-circuit-
rul...](http://www.eff.org/deeplinks/2010/12/mixed-ninth-circuit-ruling-mdy-v-
blizzard-wow)

Interestingly, the same three Ninth Circuit judges heard both this case and
the OP case.

EDIT: Also, there was the Vernor v. Autodesk case a few months ago:

<http://en.wikipedia.org/wiki/Vernor_v._Autodesk,_Inc>.

Again, the exact same three judges! They seem quite interested in these first-
sale/license issues (or else they wouldn't have published all three opinions).

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jayzee
Qs1 :What about when authors give out free pdf copies of books in advance
requesting that they not be circulated?

Qs 2: Does that mean the UMG has lost copyright to songs on those CDs? Can the
dude now make copies of the songs and sell them? I dont understand how the
medium gets ties to the copyright

~~~
jbri
This is primarily about what's known as "first-sale doctrine". Basically, if
the copyright owner gives you a legitimate copy of a work, you are free to
pass on or resell that particular copy without needing to ask permission from
the copyright owner.

So no, you're not allowed to make copies of the disks and sell them, but if
you buy a stack of 50 promo disks second-hand, you can resell all 50 of them.
I'm not sure how it works with purely digital goods, but presumably (IANAL)
you'd be in the clear if you deleted "your" copy when you passed it on to
someone else.

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terinjokes
Does this have any broader ramifications in terms on computer software and/or
games?

~~~
URSpider94
Pretty much no. Quoting from the opinion:

"We have recognized, however, that not every transfer of possession of a copy
transfers title. Particularly with regard to computer software, we have
recognized that copyright owners may create licensing arrangements so that
users acquire only a license to use the particular copy of software and do not
acquire title that permits further transfer or sale of that copy without the
permission of the copyright owner."

Essentially, the judges argue that, because these CD's are mailed to DJ's and
music critics without any reasonable attempt to establish a contract, then the
recipients are free to do whatever they want with the copies. They explicitly
contrast that with software licensing, where the consumer obtained the license
through a voluntary transaction.

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apedley
Common sense prevails, for once. :)

