CSUSA Media Library: Session Details

Session Name: You Bought It, But Do You Own It: First Impression In First Sale?
MeetingType: Chapter Meeting
Date: 03/16/11
Description: New York Chapter: Over the past year, several cases have brought to light a number of novel issues in the realm of first sale that stand to redefine our concept of the doctrine in the 21st Century. In Costco v. Omega, the Supreme Court addressed the question of whether a decision barring importation of authorized goods made overseas was correct, and then issued a split 4- 4 decision essentially upholding the appellate court's ruling. In Vernor v. Autodesk, the Ninth Circuit held that one who purchases software has not bought it in an outright sale but instead is subject to a license -- a license that restricts the purchaser's right to resell the software. Conversely, the Ninth Circuit also held in UMG v. Augusto that a promotional CD distributed by the record company gratis is free of the distributor's right to control future sales of that copy of the CD, despite language on the item stating
Program Details
Course Materials
Speaker(s): Andrew Berger, Beryl Jones-Woodin, Randi Singer
Keywords: First Sale, Ownership, Software