Wednesday, October 7, 2009

How does the Venor - Autodesk ruling impact 3D content sold in SL?

Below clipped from : The Electronic Freedom Foundation
"It’s Still A Duck: Court Re-Affirms That First Sale Doctrine Can Apply to “Licensed” Software

Building on a prior ruling, a federal court has re-affirmed that a Seattle man was not infringing copyright law by re-selling software he obtained from an Autodesk customer.

The ruling is bound to frustrate the copyright industries, which have struggled for years to convince courts and their customers that the only thing you “buy" when you buy software is a limited and temporary right to use that software under certain conditions. In other words, they claim buyers aren't owners.

The distinction is no mere technicality. Under the Copyright Act, owners of copyrighted material are given substantial rights in the particular copies they purchase. One of the most important of these protections is the "first sale" doctrine, which says that once you've acquired a lawfully-made CD or book or DVD, you can lend, sell, or give it away without having to get permission from the copyright owner. Without the first sale doctrine, libraries would be illegal, as would used bookstores, used record stores, video rental shops, CD-swapping communities and so on. "

Linden Lab should understand this considering the background of Kapor et al. The question now is can a licence ie: no transfer exist under a sale.... and can a seller restrict export of legally purchased content off the SL platform? This is open for discussion.....

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