Re: Re: Derivative Inquiry

I can't speak for Terry, but I'm comfortable with that vis-a-vis Nortons. Norton's can compete in that market easily enough if it wanted to. It is not losing sales of its books to this application of the first sale doctrine.

How about the author of the poem? The author got paid and negotiated the price, taking into account the first sale doctrine. Again, nothing to complain about.

But what if the bundled stuff were being sold separately already? Let's take, say, software.

I buy the MacroOffice suite of 10 programs for $800. But most people want only four of the apps from it.. Each app costs $300 separately from MacroOffice. Now, I unbundle the 10 programs and sell the popular apps for $200 each and the others for two for $100. I break even on the 4 major apps and make money on the lesser ones.

1. Leaving aside the licensing issue for a moment, have I violated anyone's copyright?
2. If I haven't violated a copyright, then when MacroOffice tries to prevent me from doing this via its license, can it?
3. Does it matter whether the software was not sold to me (no title transfer in the copy), just licensed for possession and use?
4. Any antitrust violations here if MacroOffice tries to tie up resellers like this?

Steve

-- 
Prof. Steven Jamar
Howard University School of Law