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I think is interesting the way people can lust over pictures of Geohots confiscated PS3's while on the other hand they hate on another scene dev almost religiously. I love this scene its just like a soap opera
Im off print out them pictures of Geo's PS3... Ill be in the shed if anyone wants me
I can see it now. PS3fetishes.com!
Originally Posted by rblasta
OMG, people are bringing up the autodesk case again?
The issue there is is it legal to buy a discounted upgrade, and then sell the original copy of the software upgraded?
The deal here is by paying the discounted upgrade price and installing your upgrade, you agree to transfer your license to the new copy, terminating your right to have the original.
The person Vernon bought it from lost right of first sale when he bought the discounted upgrade which terminated his license for the older version. This made vernon's copy pirated.
I'm sure if that copy was still licensed at the time vernon bought it, doctrine of first sale would apply to a boxed retail product. But that doesn't give you the right to sell pirated software or stolen stuff.
The person vernon bought it from was the one in the wrong. Autodesk made an educated guess on the legality of that particular copy of the software based on the age of it and used condition, and happened to be correct, which is why the ninth circuit reversed the earlier decision.
For software such as this, I have to side with the companies. But such restrictions on video games would be totally unreasonable, and i'm pretty sure first sale would be ruled to apply.
Note that this did not involve a shrinkwrap license. The upgrade most likely has terms clearly stated on the package before opening, and was bought knowing the deal full well.
Doctrine of first sale does prevent creating a license that cannot be transferred by any means, but that doesn't prevent the upgrade from terminating the old one.
Well next part of the story is posted.
Groklaw - Judge Spero Rules on Jurisdictional Discovery in SCEA v. Hotz
Seems Geo is being forced into CA still on April, and has to give TIG the decryption passwords.
Hopefully if he did have something it's behind a layer of deniable encryption (it's existence can't be proven without knowledge of the key).
I just read the complete page you linked to, including the comments and some of the comments really raise some interesting questions.