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US court nixes first sale defence in copyright case

Eileen McDermott, New York

A consumer’s purchase of design software did not trigger the first sale doctrine, the US Court of Appeals for the Ninth Circuit ruled last week

The case, Vernor v Autodesk, involves Timothy Vernor's request for declaratory judgment dismissing software maker Autodesk's copyright infringement claims against him.

Autodesk filed a Digital Millennium Copyright Act take-down notice with eBay in 2005, claiming that the copy of its...

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