First Used Doctrine - Software - Confused

JSonnab...

The first use doctrine is inapplicable here.

From the sounds of it, you purchased a video effects library or the like.  If that's the case, I believe the intent of the license is to allow you to use the effects for finished video products, but not to re-distribute the effects themselves.

One word of advice: these comments are general in nature, and you should not rely on them to make business decisions.  Do yourself a favor, don't be penny wise and pound foolish.  Hire an attorney to give you sound advice before embarking on a specific course of business.

- Jeff

jabbath...

JSonnabend,

Yes, I bought a video effects library, used from eBay.  I was concerned about the license being 'non-transferable' and took that to mean that the first owner of the software could use it, but that they couldn't sell the complete software to me and then I use it.  Technically, I  thought that the first owner doesn't 'own' the library content from the DVD, and can't therefore sell that DVD to me for my use.  However, it seems to me that if the original purchaser doesn't own what they bought, then it would be worthless to them if they would ever want to sell (after changing to other software, to recoop capital).

From what I have read, this is a gray area relating specifically software licensing agreements and the First Use Doctrince.

I agree with you about seeking paid legal advice, but I'm trying to educate myself on the issue as much as I can.  Thanks for the help.  Any other comments, please?

Isaac

I think you are referring to "first sale" rather than first use.
In the US, first sale is not just a doctrine, but it's a
statutory provision of copyright law.  I see two potential
obstacles to applying first sale here.  First sale applies
to people who own copies of copyright protected material,
and lots of software vendors attempt to characterize users
as licensees vs purchasers.  To the extent that a court buys
that argument, the license can limit application of first sale.

The second issue is that first sale would not include the
right to make derivative works or to make copies.  To distribute
copies or derivative works you are relying on the license terms
rather than first sale.  In fact, simply making a derivative
work or copy even without distributing it might constitute
infringement assuming that those activities are not governed
by the license, fair use, or some other exception.

JSonnab...

I understand now why you are concerned with first sale and all -- you hadn't mentioned that you purchased this software used.

Isaac, as usually, has raised some interesting points regarding your situation, namely, the rights surrounding works created using the software in question.  I'm not aware of any case law on this.  I'm also not aware of any case law concerning rights surrounding purchased used software.

The only substantive advice I can give here is make sure the seller hadn't used his original software license to obtain a "version upgrade" from the vendor.  I suggest that doing so may adversely impact his rights to sell you the used software -- whatever those rights may be.

- Jeff