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Re: [dvd-discuss] Adobe vs. softMan



Actually, the fact that you have to accept the disadvantages of copyright, 
patent, or trade secret law, sale or licensing is not a far reaching 
ramification but a reaffirmation of what has always been the case. You 
can't claim a little bit of each which is what the shrinkwrap licenses do.




Noah silva <nsilva@atari-source.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
11/02/01 07:18 AM
Please respond to dvd-discuss

 
        To:     dvd-discuss@eon.law.harvard.edu
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        Subject:        Re: [dvd-discuss] Adobe vs. softMan


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.

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. 

  So... who wants to help me open that CD rental Store?

 -- noah silva