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A comment on No, you don't own it: Court upholds EULAs, threatens digital resale. Parent comment

Re:No, you don't own it: Court upholds EULAs, threatens digi... by btilly on Friday September 10, 2010 @05:34PM (#1680291)
It was heard by a 3 judge panel. As I understand it the next step is an appeal to the full court, and then to the Supreme Court.

I hope it gets appealed and this ruling is overturned.

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Re:No, you don't own it: Court upholds EULAs, threatens digi... by hga on Friday September 10, 2010 @07:31PM (#1680541)
And the 9th is notorious for being overturned.

That said, if CamperBob at http://news.ycombinator.com/item?id=1680416 is correct in that "It involved a user who sold copies that were contractually supposed to be destroyed (or at least not reinstalled) after an upgrade" then the copies were never legit to begin with and the First-sale doctrine is not necessarily in jeopardy.

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Re:No, you don't own it: Court upholds EULAs, threatens digi... by irons on Friday September 10, 2010 @08:54PM (#1680692)
The 9th is by far the largest circuit, so its rates of being successfully appealed and overturned are proportionately greater.

Conventional wisdom says that the 9th gets overturned when its decisions skew too liberal. The Roberts court is far less likely to overturn a decision perceived as skewing "business-friendly". Nothing's more business-friendly than enforcing contracts, right? Personal responsibility and all that.

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