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Sold, Not Licensed

Sold, Not Licensed. Wednesday, September 22, 2010. Vernor v. Autodesk Three-Pronged Ownership Test Is Fatally Flawed. First, let's introduce the three-pronged test:. An owner of a particular copy:. The court must now decide whether or not Alice was an "owner of a copy" in order to determine if she can claim protection under the first-sale doctrine. Applying the three-pronged test:. Bob did not grant a license to Alice;. Bob did not specifically restrict Alice's ability to transfer the program; and. Once ...

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Sold, Not Licensed | soldnotlicensed.blogspot.com Reviews
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Sold, Not Licensed. Wednesday, September 22, 2010. Vernor v. Autodesk Three-Pronged Ownership Test Is Fatally Flawed. First, let's introduce the three-pronged test:. An owner of a particular copy:. The court must now decide whether or not Alice was an owner of a copy in order to determine if she can claim protection under the first-sale doctrine. Applying the three-pronged test:. Bob did not grant a license to Alice;. Bob did not specifically restrict Alice's ability to transfer the program; and. Once ...
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Sold, Not Licensed | soldnotlicensed.blogspot.com Reviews

https://soldnotlicensed.blogspot.com

Sold, Not Licensed. Wednesday, September 22, 2010. Vernor v. Autodesk Three-Pronged Ownership Test Is Fatally Flawed. First, let's introduce the three-pronged test:. An owner of a particular copy:. The court must now decide whether or not Alice was an "owner of a copy" in order to determine if she can claim protection under the first-sale doctrine. Applying the three-pronged test:. Bob did not grant a license to Alice;. Bob did not specifically restrict Alice's ability to transfer the program; and. Once ...

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1

Sold, Not Licensed: November 2007

http://soldnotlicensed.blogspot.com/2007_11_01_archive.html

Sold, Not Licensed. Friday, November 30, 2007. The only way to avoid this Catch-22 would be to allow the end-user to read and accept or reject the EULA without having to first run any licensed software. This could be done in a couple of ways:. The installer program could be sold outright to the user, so that the user is the owner of the copy of the installer and may therefore legally use the installer. The end-user could be required to accept the EULA before the software is even handed over to them.

2

Sold, Not Licensed: The Basics: Start Here

http://soldnotlicensed.blogspot.com/2007/12/basics-start-here.html

Sold, Not Licensed. Thursday, December 13, 2007. The Basics: Start Here. Did you know that you don't own the software that you buy? It would appear that the courts are in disagreement as to whether (retail) software. What should this mean then, if software is sold and not licensed? So where do "software license agreements" or EULAs fit in to the picture? Finally, I would argue that, if it is established that software is sold, not licensed, the mere fact that these agreements are called " license. To sum ...

3

Sold, Not Licensed: July 2010

http://soldnotlicensed.blogspot.com/2010_07_01_archive.html

Sold, Not Licensed. Tuesday, July 27, 2010. The Third Chamber of Congress. No too long ago, the Software and Information Industry Association (SIIA) wrote an amicus brief in support of Blizzard in the infamous MDY v. Blizzard case. Within that brief, the SIIA wrote:. Today, licenses govern most mass market software transactions, and the software industry has grown to over $500 billion in annual revenues. Thoughts on MDY v. Blizzard. The court ignores the fact that by all other accounts, the transaction w...

4

Sold, Not Licensed: Vernor v. Autodesk Three-Pronged Ownership Test Is Fatally Flawed

http://soldnotlicensed.blogspot.com/2010/09/vernor-v-autodesk-three-pronged.html

Sold, Not Licensed. Wednesday, September 22, 2010. Vernor v. Autodesk Three-Pronged Ownership Test Is Fatally Flawed. First, let's introduce the three-pronged test:. An owner of a particular copy:. The court must now decide whether or not Alice was an "owner of a copy" in order to determine if she can claim protection under the first-sale doctrine. Applying the three-pronged test:. Bob did not grant a license to Alice;. Bob did not specifically restrict Alice's ability to transfer the program; and. Once ...

5

Sold, Not Licensed: ProCD In Depth

http://soldnotlicensed.blogspot.com/2008/01/procd-in-depth.html

Sold, Not Licensed. Wednesday, January 16, 2008. Can a software license agreement be inserted into a contract for sale in this way? I believe the court erred in saying that it can. To answer this question correctly, I think the proper place to start is an inconspicuous section of the Uniform Commercial Code: section 2-313A. The relevant part of this section is part (3):. The seller will perform the remedial promise. A manufacturer is not a party to a contract for sale in a typical retail setting. If they...

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dmoulding

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Sold, Not Licensed. A free, robust, open-source memory leak detection system for Visual C . Enhanced version of the OpenSSH server daemon (sshd). It provides automated temporary banning of hosts that make repeated authentication failures while attempting to break in to the OpenSSH server. Works great for stopping automated cracking programs and scanners. October 20, 2010. Vernor v. Autodesk. Threatens your right to own the physical copies of software you bought. See my blog.

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Sold, Not Licensed

Sold, Not Licensed. Wednesday, September 22, 2010. Vernor v. Autodesk Three-Pronged Ownership Test Is Fatally Flawed. First, let's introduce the three-pronged test:. An owner of a particular copy:. The court must now decide whether or not Alice was an "owner of a copy" in order to determine if she can claim protection under the first-sale doctrine. Applying the three-pronged test:. Bob did not grant a license to Alice;. Bob did not specifically restrict Alice's ability to transfer the program; and. Once ...

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