Re: [dvd-discuss] Interesting 1st sale-shrinkwrap-EULA-(c) infringement case

[Eric Seppanen <eds(at)reric.net>]

On Thu, Nov 01, 2001 at 07:42:40AM -0800, James S. Tyre wrote:
> BNA's Electronic Commerce & Law Report reports on Softman
> Products v. Adobe Systems, a recent case in which a federal
> court in California ruled that a transaction in which a
> software developer transfers copies of software to a
> retailer is a sale of goods and not a licensing of
> intellectual property, regardless of the existence of a
> shrinkwrap license stating otherwise.

Cool.  I love this part:

"Adobe asserts that its license defines the relationship between Adobe
and any third-party such that a breach of the license constitutes
copyright infringement. This assertion is not accurate because copyright
law in fact provides certain rights to owners of a particular copy."

Gotta love it.  Any chance this would affect the California DeCSS case?
(weakening the DVDCCA's argument that the Xing EULA forbids reverse
engineering)