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Re: [dvd-discuss] Adobe vs. softMan
- To: dvd-discuss(at)cyber.law.harvard.edu
- Subject: Re: [dvd-discuss] Adobe vs. softMan
- From: "Peter D. Junger" <junger(at)samsara.law.cwru.edu>
- Date: Fri, 02 Nov 2001 15:14:56 -0500
- In-reply-to: Your message of "Fri, 02 Nov 2001 10:18:10 EST." <Pine.LNX.4.21.0111021015540.19515-100000@sparcy.internal.lan>
- Reply-To: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
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