Supreme Court Decides Software Law By Not Deciding
http://www.forbes.com/sites/greatspecul ... eciding/2/
... the key test is whether as a matter of contract the software provider retained title. The Ninth Circuit clearly accepted Autodesk’s contention that it had, and that accordingly its customers were licensees, not “owners” in the sense of §109(a).
Vernor, and a variety of amici, urged the Supreme Court to take the case, arguing that the result of general acceptance of the Ninth Circuit’s reasoning would be that the use of magic words, in documents that very few customers ever read, would transform digital America “from a nation of owners and tinkerers into a nation of sharecroppers.” Poignant as that language is, the interests involved in promoting that idea have lost this round. The Supreme Court has let the decision stand.
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