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With the increasing ubiquity of "online activation", the legal status of the first sale doctrine is of decreasing importance, anyway. There is a satisfying (if
by shasta 16y ago
With the increasing ubiquity of "online activation", the legal status of the first sale doctrine is of decreasing importance, anyway. There is a satisfying (if not practical) way to fix this problem: require that all such commercial licenses, sales, and contracts be between transferable entities. Anytime you have contracts between what are effectively anonymous parties, where the particular individuals are not essential to the transaction, require that the roles in the contract be transferable by whomever owns the rights of that role. In other words, we could fix this problem with a capability based society.
- kiuyhjk 16y agoNo problem. My copy of Autocad is owned by XYZ-software installation inc. A wholly owned subsidiary whose only asset is a copy of Autocad, I can sell the company to anyone I want - the license is never transferred.
- dctoedt 16y agoSome license agreements state that a change of control of the corporate owner is deemed an assignment requiring the licensor's consent. [EDIT: Autodesk's EULA is one such - see section 9.1 in http://images.autodesk.com/apac_sapac_main/files/autocad_2009_eula_-_all_other_countries.pdf. http://images.autodesk.com/apac_sapac_main/files/autocad_200...]
- kiuyhjk 16y agoPity Sun didn't think of that one !
- shasta 16y agoAs dctoedt notes, this needn't work in general. Contracts can distinguish between corporate entities and individuals.