Ninth Circuit Rules on License versus Sale of Software

19 12 2010

The Register of Copyrights may have concluded that precedents defining the difference between a license and a sale of software are conflicting (see our prior blog post on that point), but a panel of the Ninth Circuit had no difficulty in resolving the issue in its recent opinion Vernor v. Autodesk, Inc., 2010 U.S. App. LEXIS (9th Cir. Sept. 10, 2010). The panel reconciled a series of prior panel rulings deemed inconsistent by the lower court, and ruled that proposed resales of packaged software via an eBay auction were not protected by the copyright first sale doctrine because the initial transaction between the software developer and its transferee was a license, not a sale.

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Register of Copyrights Says “Who Knows?” on Ownership of Computer Program Copies

5 08 2010

Who owns the firmware on a smartphone, the device manufacturer or the purchaser?  Ownership of copies of computer programs is a thorny issue with which the federal courts have grappled in numerous cases. The issue arose during the most recent round of triennial rulemaking that resulted in the promulgation of a new set of exceptions to 17 U.S.C. § 1201(a), which prohibits the circumvention of technological measures deployed to limit access to copyrighted works.

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The content in this post was found at http://newmedialaw.proskauer.com/2010/08/articles/copyright/register-of-copyrights-says-who-knows-on-ownership-of-computer-program-copies/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+NewMediaAndTechnologyLaw+%28New+Media+and+Technology+Law%29 and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Don’t call it DRM: Microsoft explains new gaming piracy tech

24 03 2009


Tuesday at GDC Microsoft announced a number of upcoming additions to Games for Windows, including stronger protection against piracy, as well as some nifty features to make playing your PC games simpler if you have multiple systems. There will also be storefront support added so publishers can add sales directly into their game. Drew Johnston, the product unit manager for the Windows Gaming Platform, and Dave Luehmann, GM for Microsoft Game Studios, described to Ars what these updates will entail.

You can call it whatever you want—as long as you don’t call it DRM. “What we have is anti-piracy measures we’ve put in place. I wouldn’t quite categorize it as DRM,” Johnston tells Ars. “We have zero-day piracy protection—this helps reduce the leakage of IP before release. The bits are encrypted, and there is a one-time activation that checks to see if the game has been released or not, and we’ll send out a decrypt code so the game can be played.”

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ACTA draft leaks: nonprofit P2P faces criminal penalties

4 02 2009

It’s becoming clear that the Anti-Counterfeiting Trade Agreement is not, as backers have  suggested, just a minor tuneup to worldwide intellectual property law, one done for the purpose of cracking down on fake DVD imports or Coach handbag ripoffs.

Such a law—one that amounted essentially to some streamlining and coordination in the fight against actual pirates—might well be hashed out between nations operating in secret. But a treaty that seeks to apply criminal penalties to peer-to-peer file-sharing? Let’s open a window and let the sunlight in.

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The content in this post was found at http://arstechnica.com/tech-policy/news/2009/02/actual-acta-draft-leaks-noncommercial-p2p-could-get-criminal-penalties.ars and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



New Firefox extension turns Amazon.com into illegal free-for-all

29 12 2008

A new Firefox extension called Pirates of the Amazon lets users download movies, games, TV shows, and MP3s free of charge by cross referencing Amazon’s product pages with torrent files from the Pirate Bay.

If the content can be found on the Pirate Bay’s search index it shows up as a “Download 4 Free” link on the top of the Amazon product page. This links directly to the hosted .torrent tracker file, letting the user avoid having to make a purchase from Amazon in place of acquiring it illegally via BitTorrent.

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Electronic Arts’ Online Battle Over DRM

10 12 2008

A battle has long been underway in the virtual world; rights holders such as video game producer Electronic Arts (EA) want to protect their proprietary software to the greatest extent possible while end-users playing the games often find the means of protection, commonly known as Digital Rights Management (DRM) to be overly restrictive. DRM allows the producer to “control in detail what can and cannot be done” with a particular copy of a work, such as the encryption devices that make it difficult to copy DVDs or the number of copies a user can make when purchasing a song from the iTunes store.

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The content in this post was found at http://jetl.wordpress.com/2008/12/11/electronic-arts-online-battle-over-drm/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Apple adds DMCA charge to lawsuit against Psystar

6 12 2008

It accuses clone maker of breaking Mac OS copy-protection scheme

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November 30, 2008 (Computerworld) Apple Inc. last week added new charges to the federal lawsuit it filed nearly five months ago against a Florida clone maker, claiming that Psystar Corp. broke antipiracy defenses that lock Apple’s operating system to its own hardware.

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Chinese pirates crack Blu-ray DRM, sell pirated HD discs

17 11 2008

A recent bust in China netted several hundred pirated HD discs ripped from Blu-ray masters. The discs were only 720p, not 1080p, but their mere existence shows that Blu-ray’s amped-up DRM schemes, AACS and BD+, won’t be enough to stop pirates.

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No cake (but plenty of lawsuits) on Global Antipiracy Day

21 10 2008

Microsoft has declared today, October 21, to be Global Antipiracy Day. The company is kicking things off with educational initiatives and enforcement actions in 49 countries, including 20 civil lawsuits here in the US. It’s a fiesta!

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