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25 May 08

The Patry Copyright Blog: First Sale Victory in Vernor

  • 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.
  • 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.
02 May 08

Fraud, Phishing and Financial Misdeeds: Internet Gangstas don't appreciate software piracy, either!

Despite the clear licensing agreement and the associated warnings, this package still ended up being traded freely in underground forums shortly after it was released. It just goes to show you just can’t trust anyone in the underground these days.

fraudwar.blogspot.com/...-gangstas-dont-appreciate.html - Preview

57 software crimeware licensing

10 Apr 08

Open source is not piracy - Perl Buzz

Jeff's made a big stumble, and I hope he corrects it soon, publicly. In his latest article, We Don't Use Software That Costs Money Here, he talks about how the free software alternatives to non-free software are getting better all the time. Unfortunately, he claims that

perlbuzz.com/...open-source-is-not-piracy.html - Preview

54 software opensource piracy

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