Re: Business Software Alliance

On 15 Jan 2000, John R. Levine <johnl[_at_]iecc.com> wrote:
>
> Because the license looks to a lot of people (including me) like an
> attempt to make an end run around the Copyright clause, particularly
> to deny the purchaser his fair use rights under copyright law, and to
> subvert the first sale principle.

In other words, an implied preemption argument. I think the argument is clearer where the subject matter is a book, but much less persuasive where the subject matter is software containing other forms of intellectual property (trade secrets, patents) which are clearly being licensed and not sold.

-- 
Carol Ruth Shepherd
Arborlaw Associates PLLC
Ann Arbor, Michigan USA
734 668 4646 v  734 663 9361 f
business, technology, entertainment
and new media law
<shepherd[_at_]arborlaw.com>