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Ninth Circuit Affirms Inapplicability of Copyright First Sale Doctrine to Restrictive Software License

The Ninth Circuit has affirmed a district court decision (reported in this blog) holding that a restrictive software license is not a “sale” for purposes of the federal copyright laws, and that the license could not be used to assert a defense to copyright infringement based on the first sale doctrine.  Adobe Systems Inc. v. […]

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First Sale Doctrine Inapplicable to Antitrust Claims Concerning Licensed Software

The first sale doctrine governing transfers of copyrighted works could not be used to allege that statements made to potential customers were “false, predatory or anti-competitive.” Int’l Equip. Trading v. Ab Sciex Llc, No. 13 C 1129 (N.D. Ill. Aug. 29, 2013). The plaintiff in this case had brought a number of unfair competition claims, […]

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Path Cleared for Ninth Circuit to Address Copyright First Sale Doctrine Burdens of Proof

Adobe has been granted partial judgment under Federal Rule of Civil Procedure 54(b) in a copyright infringement case so that the Ninth Circuit may determine which party bears the burden of proof when the first sale doctrine is raised as a defense to copyright infringement. Adobe Systems, Inc. v. Christenson, No. 2:10-CV-00422-LRH-GWF (D. Nev. Oct. […]

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Copyright First Sale Doctrine and Burdens of Proof

Adobe, having been precluded from relying on license agreements that it failed to produce during discovery, has lost a summary judgment motion on its claim for copyright infringement against a defendant who asserted the first sale doctrine as a defense.  Adobe Systems, Inc. v. Christenson, No. 2:10-CV-00422-LRH-GWF (D. Nev. 2012). Defendants sold software over the […]

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