U.S. Ninth-Circuit Court Rules Against Right of First Sale
Phil Nelson If the clickwrap EULA forbids sale, then you can’t sell it, no matter how much you don’t want it anymore.
In other words, goodbye to used game sales. How long before they classify films and TV show files as Software? What do I do with the Xbox games I don’t want anymore? Throw them out? Give them away? Somehow I think they’d have a problem with that, too. Some Blu-Ray releases of films contain games. Are they covered?
The ruling makes note of a “license” .vs. a “sale”. Are we allowed to own anything anymore? The software in question, AutoCAD, costs $4000. That makes a $4000 invisible license to use software that you throw away if you don’t want it anymore. Hell of a way to make money.