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[dvd-discuss] Sun vs first sale
- To: dvd-discuss(at)cyber.law.harvard.edu
- Subject: [dvd-discuss] Sun vs first sale
- From: "Robert S. Thau" <rst(at)ai.mit.edu>
- Date: Thu, 30 May 2002 14:08:05 -0400 (EDT)
- In-reply-to: <20020530120440.A20675@reric.net>
- References: <20020530120440.A20675@reric.net>
- Reply-to: dvd-discuss(at)cyber.law.harvard.edu
- Sender: owner-dvd-discuss(at)cyber.law.harvard.edu
Eric Seppanen writes:
> Interesting, but offtopic:
> Sun seems to think that they can shrinkwrap-license away first sale.
More precisely, their legal theory is that no sale has taken place, so
the first sale doctrine doesn't apply. As the actual license
1. LICENSE TO USE. Sun grants you a non-exclusive and
*non-transferable* license for the internal use only of the
accompanying software and documentation ...
2. RESTRICTIONS. Software is confidential and copyrighted. Title
to Software and all associated intellectual property rights is
retained by Sun and/or its licensors.
This theory is common to a *lot* of software licenses, BTW.