Search results
Results from the WOW.Com Content Network
The first-sale doctrine (also sometimes referred to as the "right of first sale" or the "first sale rule") is a legal concept that limits the rights of an intellectual property owner to control resale of products embodying its intellectual property. The doctrine enables the distribution chain of copyrighted products, library lending, giving ...
The sale is the initial sale of the work and the legal title of the work at the time of such initial sale is vested in the artist. The resale of fine art is by an art dealer to a purchaser within 10 years after the initial sale by the artist to an art dealer, provided that all intervening sales are between art dealers.
The defense of invalidity is a counter-attack on the patent itself., i.e., the validity of the patent or of the allegedly infringed claims. Case law provides other defenses, such as the first-sale doctrine, the right to repair, and unenforceability because of inequitable conduct.
Disasters Eight people are injured following an explosion and fire at a factory in Surrey, United Kingdom. (BBC) Law and crime An Italian appeals court overturns Amanda Knox's 26-year sentence for murder and sexual assault. (The Telegraph) (CBC News) A US court sentences two more Somali pirates to life in prison for capturing a yacht off the coast of Africa in February. (AFP via Google News ...
[6] Because ReDigi did not involve the actual physical copy being transferred but a new copy of the digital file, the court rejected the first-sale doctrine defense. The court reasoned that Capitol's reproduction right was violated when a new copy was created, thereby barring the defense of the first-sale doctrine. [19]
This practice was legal, thanks to the first-sale doctrine which allows anyone to distribute an instance of a copyrighted work that they have legally purchased. To stop the rental of software, the United States Congress was lobbied by the Software Publishers Association , as well as Microsoft , the WordPerfect Corporation , and Nintendo.
Zediva purchased DVDs and "rented" them out to users one-by-one. Under the first-sale doctrine, if the defendants' business is identical to a brick-and-mortar rental store, such post-purchase rentals do not require subsequent licenses from the copyright owners. [3]
Since the purchaser pays a fixed fee to obtain the rights to use the software for an indefinite period of time and also accepts the risk commonly associated with a sale, the court determines the transactions between Adobe and SoftMan are sales. Thus, the first sale doctrine applies and Adobe's copyright claims are rejected.