🚀 go-pugleaf

On Sep 17, 6:06 pm, sillyputty <sheg...@uymail.com> wrote:
> New ruling could eventually lead to blocking of used game saleshttp://tinyurl.com/22ml2fu
>
> Thanks to a new judgement made by the United States Court of Appeals,
> used game and software sales may be a thing of the past.
>
> The decision (linked below) rules that "a software user is a licensee
> rather than an owner."
>
> Originally, the suit was brought forward by Autodesk, the makers of
> the expensive AutoCAD software, who were angry a consumer purchased
> many copies of the software and then resold them on auction site eBay.
>
> Autodesk wanted to know who, legally, had the rights to the software.
>
> This new ruling does not implicitly imply video games, but games are
> considered software, so the ruling could affect the used game market,
> as well.
>
> It will be interesting to see how the major publishers run with this
> ruling, and we will certainly keep you updated.
> --
> Failure is not an option; it's bundled with your software.

9th Circuit = Hollywood's home court. Don't be surprised about IP
favoritism coming from this group.

The ruling will have an uphill battle in appeals. IIRC a similar suit
(also brought by Autodesk) was previously ruled on by the Supreme
Court, which enforced first-sale doctrine. There's a ton of legal
precedent, all of which the 9th Circuit simply chose to dismiss in
favor of rationale used in less relevant cases, and that is unlikely
to hold up under scrutiny. It's obvious from the court's findings that
they decided on this case before it began, and twisted each of the
arguments to fit a foregone conclusion.

Besides that, there's also plenty of money on the other side --
GameStop obviously, and all the other retailers fed up with tiny
margins on new game sales, who are just beginning their used game
operations. They're not just going to sit around and let the
government and Autodesk void their profits.

Either way, the media industry isn't getting away with this. The
people they are fighting are simply too smart for them. I wonder if
the release of the HDCP crack was a deliberate response to this.
http://www.pcmag.com/article2/0,2817,2369280,00.asp

...once again proving that DRM ensures that only the pirates win.

And when an industry succeeds in making heroes out of pirates, their
ship has sailed.