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Re: [dvd-discuss] Adobe vs. softMan



Noah silva writes:

: I have to say I think this case, if the judgement stands has far-reaching
: ramifications.
: 
: The court essentially says that you can't contract away rights that the
: public has with copyrighted works.  In other words, if you want the
: benefits of copyright, you have to take the disadvantages too.

I am afraid that it does not say that.  It says that Softman never entered into a
contract with Adobe.  They do not pass on the effect of shrink-wrap licenses.
 
: It mentions that the contracts were also sometimes intended to prevent
: leasing as well as selling.  It mentions that renting/leasing is definatly
: allowed by First Sale. 

There is an exception to the First Sale privelege that keeps one from being
able to lease computer programs.

--
Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
 EMAIL: junger@samsara.law.cwru.edu    URL:  http://samsara.law.cwru.edu   
        NOTE: junger@pdj2-ra.f-remote.cwru.edu no longer exists