[License-discuss] Essential step defense and first sale

[Pamela Chestek]

On 7/13/2019 6:58 AM, Alexander Terekhov wrote:
> The thing is that 17 USC 117 makes the act of running/using software
> unrestricted and 17 USC 109 also severely impedes ability to control
> distribution as far as copyright is concerned. So, you'll have to
> stick to contractual covenants and fight against
> https://en.wikipedia.org/wiki/Efficient_breach ... good luck with that :)

In both cases, only if you are the owner of a copy. "Licensees are not
entitled to the essential step defense." /Vernor v. Autodesk, Inc./, 621
F.3d 1102, 1111 (9th Cir. 2010). It is a rare decision that holds that a
party is an owner of a copy of software rather than a licensee.

Pam

Pamela S. Chestek
Chestek Legal
PO Box 2492
Raleigh, NC 27602
919-800-8033
pamela at chesteklegal.com
www.chesteklegal.com
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