The Patry Copyright Blog: First Sale Victory in Vernor
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Saved by 2 people (1 private), first by anonymouse user on 2008-05-22
- Mrbigfrog on 2008-05-23 - Tags blog , first sale doctrine , ip
- Plagiarismtoday on 2008-05-22 - Tags 60 , firstsale , autodesk , software
Public Sticky notes
On Tuesday, Judge Richard Jones of the U.S. District Court in Seattle handed down an opinion in Timothy Vernor v. Autodesk, Inc., handing Vernor victory in an important exposition of the first sale doctrine. (H.T. and congrats to Greg Beck). The case also illustrates why notice and notice is a better system for safe harbor regimes than the U.S. notice and take down approach USTR is trying to force on other countries.
Highlighted by plagiarismtoday
Under a notice and notice regime, eBay would not have to make judgments it has no ability to make, and Vernor's auctions would have gone forward because Autodesk was not, seemingly going to sue: recall that Vernor brought a declaratory relief action. Notice and take down, however, gave Autodesk the very relief it was denied by the court.
Highlighted by plagiarismtoday
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