On Tue, Apr 12, 2005 at 03:45:43PM -0700, David Schwartz wrote:
> This wasn't a copyright case. The court only refused to uphold the
> agreement because there was no oppurtunity to review the agreement before
> purchase. So it certainly wouldn't apply to a click-through type agreement.
http://www.answers.com/topic/first-sale-doctrine cites several cases,
and has a very nice writeup on the current status of this issue.
In essence, you're claiming that the difference between Davidson
& Associates v. Internet Gateway Inc (2004) and other cases such as
Softman v. Adobe (2001) and Novell, Inc. v. CPU Distrib., Inc. (2000)
is that the presence of a click-through is the determining factor.
Of course, it could just as easily be something else (for example,
admitting in court agreement with the license).
Does this thread have anything to do with the linux kernel at this point?
--
Raul
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