Academic commentary about patent law, i.p. law, creativity, and more

June 11, 2008

Exhausted! The promo CD case

posted by Joe at 9:14 am

Yesterday, the district court granted summary judgment in favor of promotional CD reseller Troy Augusto on his copyright exhaustion claim.

The Electronic Frontier Foundation, representing Augusto, has posted a pdf of the opinion here.

Those who wonder whether purported licenses on tangibles (”Not for resale,” etc.) can negate the exhaustion principle, in copyright or in patent, need to take a close look at Judge Otero’s analysis


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