[Discussioni] diritto di vendita software in USA

[Francesco Potorti`]

Diciamo che c'entra molto marginalmente con il software libero, ma è una
questione di copyright del software che mi pare sia importante.

Da <http://techdirt.com/articles/20080522/0016171201.shtml>:

Last year, we wrote about a case filed by an eBay seller against
Autodesk, claiming the company unfairly prevented him from reselling
used copies of Autodesk software that he had legally
purchased. Basically, every time the guy listed Autodesk software, the
company would send a DMCA takedown to eBay who would take it down. Each
time, the guy would send a counter claim, which Autodesk would ignore,
allowing the software to go back on the site. However, with so many
takedown notices, eBay banned his account for abuse -- even though he
successfully responded to each claim as being false. For that, he sued
Autodesk. Autodesk moved to have the court dismiss the case claiming
that the seller had no right of first sale because the software was
"licensed" rather than sold. If that sounds like weak semantics, you've
got a point... and it appears the court agrees with you. In denying
Autodesk's request to dismiss the case, the court indicates that, even
though the case law covering this issue often varies, it believes that
the software has been sold, not licensed, and therefore the right of
first sale does exist on Autodesk's software. The case should now
proceed if Autodesk doesn't quickly show up with an offer to settle the
case quietly (which it might). Assuming the case does go forward, it's
going to be worth watching closely, as it will have important
ramifications for the right to resell software you purchased.