Re: Used Software

From: Bruce Hayden <bhayden[_at_]copatlaw.com>
Date: Wed, 11 Oct 1995 07:55:42 -0600

Mark Lemley responds:
>
> You are assuming that the shrinkwrap controlled the terms of the
> transaction with the first purchaser -- court decisions are pretty
> uniformly to the contrary.
>
> But if you do make that assumption, there is a simple answer -- every
> shrinkwrap license I have seen prohibits you from selling or
> transferring the software to someone else without permission. So the
> answer is, you had no right to sell it to them in the first place.
> (Also, better not give software as a Christmas present . . .)

I am sure that Mark actually questions your original assumption - that the original transaction was controlled by shrinkwrap. He has recently published an excellent law review article out that addresses shrinkwrap at great depth.  

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The preceding was not a legal opinion, and may not be my employers'. Orignal portions Copyright 1995 Bruce E. Hayden,All Rights Reserved. My work may be copied in whole or part, with proper attribution, as long as the copying is not for commercial gain.

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Bruce E. Hayden                                bhayden[_at_]acm.org               
Austin, Texas                                  bhayden[_at_]copatlaw.com

Received on Wed Oct 11 1995 - 12:59:17 GMT