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Patents

+ - Supreme Ct unanimously backs first sale doctrine->

Submitted by
Aire Libre
Aire Libre writes "The U.S Supreme Court unanimously held that Intel cannot avoid patent exhaustion and get around the first sale doctrine by use of the seo-called "business method patent." The case, Quanta Computer v. LG Electronics, involved Intel's effort to restrict downstream uses of products embodying the invention. The decision, which pointed noted how easily patents could be written up as "business methods" to nullify the first sale doctrine and give the patent owner perpetual control downstream is business method patents were not subject to the first sale doctrine (exhaustion). That reasoning bodes well for copyright freedom as well, in light of the growing number of copyright holders who seek to nullify the Copyright Act's limitation on the distribution right by claiming the goods are "licensed, not sold," or subject to some restrictive EULA. The PDF is here: http://supremecourtus.gov/opinions/07pdf/06-937.pdf"
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Supreme Ct unanimously backs first sale doctrine

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