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Topic: Licensing
Message: Posted by: Blitzen (Sep 10, 2010 03:02PM)
Seems like forever since I came to the Café. I hope everyone is doing well.
Anyway, there was a case today out of the Ninth Circuit Court of Appeals that I thought would interest people that sell or buy tricks.
The case concerns software and holds that the license agreement that comes with most software transforms the transaction from a sale to a license and that the licensor can control the product to a certain extent.
What this could mean is that tricks sold through traditional means or online can probably be protected with a license. Granted, it will still be impossible to repack Pandora's box, but this could interfere with the secondary resale market.
The case is here http://www.ca9.uscourts.gov/datastore/opinions/2010/09/10/09-35969.pdf
Message: Posted by: TheDean (Sep 10, 2010 05:17PM)
Wowzer! - Thanks Steve for the post and share!
Message: Posted by: ScottRSullivan (Sep 10, 2010 06:54PM)
While interesting, it will be more interesting to see what the higher courts say. [url=http://www.post-gazette.com/pg/09186/981662-176.stm]94% of cases[/url] out of the Ninth Circus end up being overturned last year. So Pandora's box is often closed when opened by the Ninth.

That said, I can recall of one gimmick that was NOT SOLD but LICENSED under an extreme license and caused much controversy at the time when it was released under those terms. I think most here know which gimmick to which I'm referring. *grin* Hint #1: it's a holdout