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''Vernor v. Autodesk, Inc.'' was a case in the United States District Court for the Western District of Washington regarding the applicability of the first-sale doctrine to software sold under the terms of so-called "shrinkwrap licensing." The court held that when the transfer of software to the purchaser materially resembled a sale (non-recurring price, right to perpetual possession of copy) it was, in fact, a "sale with restrictions on use"〔''United States v. Wise'', (550 F.2d 1180 ) (9th Cir. 1977).〕 giving rise to a right to resell the copy under the first-sale doctrine. As such, Autodesk could not pursue an action for copyright infringement against Vernor, who sought to resell used versions of its software on eBay. The decision was appealed to the United States Court of Appeals for the Ninth Circuit, which issued a decision on September 10, 2010, reversing the first-sale doctrine ruling and remanding for further proceedings on the misuse of copyright claim. The Ninth Circuit's decision asserted that its ruling was compelled by Ninth Circuit precedent, but observed that the policy considerations involved in the case might affect motion pictures and libraries as well as sales of used software. The net effect of the Ninth Circuit's ruling is to limit the "You bought it, you own it" principle asserted by such organizations as the Electronic Frontier Foundation (or EFF). ==Claims== Under the first-sale doctrine, copyright holders give up the right to control the distribution of copies of their works after an initial first sale to the original purchaser. Informally, owners of copies of copyrighted works (books, music, etc.) have the right to sell or dispose of their copies of the work without restriction and without the need to seek permission from the copyright holder. Vernor claimed that he purchased "authentic, used copies" of Autodesk software, and that he never opened, installed, or agreed to the included license terms, and was within his rights to resell those copies of the software without interference by Autodesk. He further claimed that Autodesk's use of the DMCA to inhibit these sales constituted an unlawful restraint of trade. Autodesk counter claimed that copies of its software were licensed, not sold to the original parties. Thus, in Autodesk's view, the first-sale doctrine did not apply - the original parties were never owners of their copies and so had no authority to resell the software to Vernor. Thus Vernor was infringing Autodesk's copyright and Autodesk was within their rights to block such sales. Autodesk also contended that, as the CD was a mechanism for making a copy of the software, Vernor enabled his clients to make unlicensed copies of Autodesk software and Vernor was liable for contributory copyright infringement. Finally, Autodesk claimed that in purchasing the software from a licensee, Vernor was bound by the terms of that license - despite never having agreed to it. This last claim was dismissed by the court. An important aspect of this case is that CTA, who originally bought the software, had purchased an upgrade to it and then sold the older versions. This potentially raises a different specific issue about the legality of re-selling upgraded software versus just selling used software. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Vernor v. Autodesk, Inc.」の詳細全文を読む スポンサード リンク
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