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The Magic Cafe Forum Index » » Tricky business » » Licensing (0 Likes) Printer Friendly Version

Blitzen
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167 Posts

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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/op......5969.pdf
TheDean
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Reno, Nevada
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Wowzer! - Thanks Steve for the post and share!
Dean Hankey, *M.D. - The Dean of Success Solutions!
Serving & Supporting YOU and Your Success!
"Book More Shows... Make More Money... SERVE MORE PEOPLE! - Not Necessarily In That Order…"

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ScottRSullivan
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874 Posts

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While interesting, it will be more interesting to see what the higher courts say. 94% of cases 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
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