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- Newsgroups: misc.legal.computing
- Path: sparky!uunet!spool.mu.edu!agate!dog.ee.lbl.gov!hellgate.utah.edu!csn!teal!bhayden
- From: bhayden@teal.csn.org (Bruce Hayden)
- Subject: Re: Question => Second hand software
- Message-ID: <bhayden.725651524@teal>
- Sender: news@csn.org (news)
- Nntp-Posting-Host: teal.csn.org
- Organization: Colorado SuperNet, Inc.
- References: <bhayden.723912529@teal> <1992Dec10.045327.16364@panix.com> <1992Dec25.115018.17701@qiclab.scn.rain.com> <1992Dec28.153927.28849@porthos.cc.bellcore.com>
- Date: Tue, 29 Dec 1992 17:52:04 GMT
- Lines: 31
-
- whs70@dancer.cc.bellcore.com (sohl,william h) writes:
-
- >In article <1992Dec25.115018.17701@qiclab.scn.rain.com> Leonard.Erickson@f51.n105.z1.fidonet.org writes:
- >The pragmatic question even for Louisiana then is: How much, if any,
- >prosecution is going on with violators of Shrink-Wrap licenses? I'll
- >venture a quess that it isn't many, if any.
-
- One reason the Louisiana law may not be enforced is that at least
- parts of it are probably preempted by 17 USC 301.
-
- >More and more today you can stop by neighborhood garage sales and find
- >all kinds of "used" software for sale. The question as to the legality
- >of selling that software is never addressed, not by the buyer, not by
- >the seller nor (most importantly) by the software producer and/or the
- >police. That doesn't make it legal, but I mention it as it is now
- >and will continue to happen more frequently in the future.
-
- Well, what has changed, thanks to help from the SPA, is that
- copyright infringement of software is now potentially a felony.
- Obviously, the US Atty is not going after a person buying one or
- two packages. (That's not even a felony). They may be however
- interested in the business selling its Word Perfect 5.0 when
- they upgraded to 5.1. The company is also opening itself up to
- a civil suit. Attorneys' fees for willful infringment (almost
- presumed if there is proper C/R marking) makes a suit very
- inviting for the software vendor.
-
- Bruce E. Hayden
- (303) 758-8400
- bhayden@csn.org
-
-