[grateful]

Since I haven't familiarized myself with the relevant case law, I may be wrong here, but I don't believe its disallowed to resell unopened software.

Ah, ok. I read that Mr. Vernor had bought a sealed copy from the garage sale and thought the other 4 copies were sealed as well. That may have not been the case.

[OldDeckHand]

"Ah, ok. I read that Mr. Vernor had bought a sealed copy from the garage sale and thought the other 4 copies were sealed as well. That may have not been the case."

I skimmed the nutty 9th decision, and they are saying just that - whatever 1st Sale protection the seller enjoyed, is superceded by the software license - typically nutty by the 9th.

As I said to another poster, I really don't have an opinion on the merits of the case, but I was just trying to illustrate the difference software license and a implicit music/movie license that comes with a DVD/CD.