Reply To: 21 Mar 15 Is your copy of Windows legal?

Home Forums The Poll Discussion 21 Mar 15 Is your copy of Windows legal? Reply To: 21 Mar 15 Is your copy of Windows legal?

#3319
Nick Francesco
Nick Francesco
Keymaster

Yes, and that’s true in Washington state. But what constitutes a sale is generally a question of state, not federal copyright law, and in recognition of this, many software companies have taken the position that they can convey the copy to the customer in an over-the-counter transaction for a one-time payment, but describe that transaction as a license; as a license, the first sale doctrine doesn’t apply, meaning copyright owners can prevent further distribution of the copy.

I don’t say I agree with this. I don’t say it’s not a stupid interpretation of the law. I’m just saying that until it’s been challenged in your state, it’s still the law.