Ninth Circuit Invalidates First Sale Defense for Software Sold Pursuant to EULA
The US Court of Appeals for the Ninth Circuit has ruled that the first sale defense does not apply to a downstream owner if the EULA that accompanies the software prohibits the transfer of copies by the first purchaser.
The ruling comes in a case involving the sale of used software on eBay. The case is Vernor v. Autodesk and to read the decision click here.
