Library Groups Join in Filing Motion on Copyright Appeal

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ALA, ACRL, ARL cite importance of first-sale doctrine

Lynn Blumenstein -- Library Journal, 03/04/2010

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Software vendor appeals ruling over secondhand sales
Claims it has sole authority to license prodect, not sell it
Library organizations cite role of longstanding copyright law

Several library organizations (American Library Association, Association of Research Libraries, Association of College and Research Libraries), along with the Consumer Federation of America, Electronic Frontier Foundation, U.S. Public Interest Research Group, and Public Knowledge, have filed a brief with the U.S. Court of Appeals for the Ninth Circuit, urging it to uphold a ruling related to secondhand software sales.

The central issue in the case is the "first sale doctrine" of copyright law. It stipulates that once a lawfully-made book, CD, or DVD is acquired, you can lend, sell, or give it away without having to get permission from the copyright owner. Without this principle, the library's central function would be threatened, the groups say.

If the ruling is overturned, the organizations believe that secondhand sales of copyrighted items, including books and CDs, could become illegal.

Autodesk at issue
Late last year the U.S. District Court for the Western District of Washington ruled in favor of Timothy Vernor, who was selling legitimate versions of Autodesk design software, even though he wasn’t an authorized seller.

Autodesk claimed that it doesn’t sell software, but licenses it, and prohibits buyers from reselling it. Vernor initiated the suit because Autodesk complained to eBay, which removed Vernor from its site.