Free Republic

In a major blow to user rights, the Ninth Circuit Court of Appeals has issued a decision that will go a long way toward ensuring that software buyers will rarely be software owners. In a triumph of legal formalism over reality, the Court held that the copyright’s first sale doctrine – the law that allows you to resell books and that protects libraries and archives from claims of copyright infringement – doesn’t apply to software (and possibly DVDs, CDs and other “licensed” content) as long as the vendor saddles the transfer with enough restrictions to transform what the buyer may...

The 9th Circuit of Appeals has reaffirmed the right of software companies to circumvent the first-sale doctrine by “licensing” rather then “selling” its products. The significance of this ruling cannot be overstated—it could singlehandedly destroy the used software market. In 2005, one Timothy Vernor bought a sealed copy of AutoCAD Release 14 at a garage sale. In 2007, Vernor purchased four used copies of Release 14 from an authorized dealer, Cardwell/Thomas & Associates (CTA). He subsequently placed all but two copies on eBay, and in each instance, Autodesk appealed to the Digital Millennium Copyright Act (DMCA), alleging copyright infringement. In...

Two former Fort Monmouth workers, and the daughter of one of them, are accused of scheming to have government contractors provide no-show jobs for the daughter. Accused in an indictment made public today are 55-year-old Michael Rzeplinski, a former programs director for the General Services Administration and former Army supervisory engineer; 61-year-old Connie Davidson, a former G-S-A employee who lives with Rzeplinski in Red Bank, and her 33-year-old Kirsten Davidson of Red Bank. All three are charged with conspiracy to defraud the United States. Rzeplinski also faces two counts of mail fraud and three counts of tax evasion. Rzeplinski and...

Microsoft, Autodesk lose patent case $133 million verdict awarded in favor of Michigan tech firm DALLAS - A federal jury in East Texas returned a $133 million verdict against Microsoft Corp. and Autodesk Inc. for infringing on two software patents owned by a Michigan technology company. The lawsuit, filed in 2004 by z4 Technologies of Commerce Township, Mich., claimed Microsoft and Autodesk used two z4 patents in their Office and AutoCad software programs without paying royalty fees.

      Michael DellChairman and CEO, Dell, Inc. Meg WhitmanPresident & CEO, eBay, Inc. Craig McCawChairman & Co-CEO, Teledesic Mark HurdPresident and CEO, NCR Corporation John ChambersCEO & President, Cisco Systems Jim BarksdalePresident & CEO, Barksdale Management Carol BartzChairman of the Board & CEO, Autodesk Leaders in Technology, Telecommunications and Biotechnology Launch Innovators for Bush-CheneyDell, Whitman, McCaw, Bartz Chambers, Barksdale and More Announce Support for President Bush and Vice President CheneyArlington, VA – Today, some of the nation’s top leaders in technology, telecommunications and biotechnology announced in a web video their endorsement of President Bush. The web video...