[Infowarrior] - Fed Judge upholds First Sale Doctrine

[Richard Forno]

http://www.citizen.org/pressroom/release.cfm?ID=2659

Federal Judge Upholds Right of Vendor to Sue Against Anti-Consumer  
Copyright Claim

eBay Vendor Claims Right to Resell Used Copies of Products from  
Software Company

WASHINGTON, D.C. - A California software company’s "license agreement"  
it includes with copies of its products does not prohibit buyers from  
reselling the software on sites such as eBay or anywhere else, a  
federal judge ruled today.

Judge Richard A. Jones denied Autodesk’s motion to dismiss a lawsuit  
filed by eBay seller Timothy Vernor, who is represented by Public  
Citizen and Seattle attorney Michael Withey. Vernor sued Autodesk in  
November after the company prevented him from reselling copies of  
"AutoCAD Release 14." Autodesk filed several Digital Millennium  
Copyright Act (DCMA) notices with eBay claiming the sale would  
infringe its copyright.

Vernor acquired a used copy of AutoCAD at a garage sale in 2005 and  
put it up for auction on eBay. Autodesk sells this product in a shrink- 
wrapped box that includes a license agreement.

Public Citizen contended that Autodesk’s actions suppressed  
competition and led to higher prices for consumers. Public Citizen  
argues in the complaint that the owner of a copyrighted product can  
resell that product without permission, and that the court should  
protect Vernor’s rights to resell AutoCAD software.

Jones’ ruling, filed in the U.S. District Court Western District of  
Washington at Seattle, stated that Vernor is entitled to protection  
under the First Sale Doctrine, which allows a person who owns a  
lawfully-made copy of a copyrighted work to sell or dispose of the copy.

"This sends a clear message to copyright owners that once they sell a  
copy of their products, they have no right to control subsequent  
sales," said Public Citizen attorney Greg Beck. "Consumers deserve  
protection against these types of abusive tactics that can force  
consumers to pay higher prices."

Vernor’s suit against Autodesk will proceed.

READ the case documents

http://www.citizen.org/pressroom/release.cfm?ID=2659