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First sale applies to copyright, not patent licensing. With copyrighted material, you can "transfer" it to a third-party. A patent license typically spells out
by bradleyland 15y ago
First sale applies to copyright, not patent licensing. With copyrighted material, you can "transfer" it to a third-party. A patent license typically spells out explicitly whether the patented material may be used for "distribution" to third-parties.
This matter will come down to whether or not Apple's existing license extends to third-party developers, based on the language in the patent license agreements.
- brudgers 15y agoApple's letter [as presented] explicitly argues first sale doctrine.
- bradleyland 15y agoI missed that in my first read, but I [mistakenly] thought that first sale only applied to consumers, not business licensing agreements.
- gte910h 15y agoFirst sale actually applies to both: http://en.wikipedia.org/wiki/Exhaustion_doctrine http://en.wikipedia.org/wiki/Exhaustion_doctrine