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36 U.S.F. L. Rev. 1 (2001-2002)
Don't Judge a Sale by Its License: Software Transfers under the First Sale Doctrine in the United States and the European Community

handle is hein.journals/usflr36 and id is 11 raw text is: Articles Don't Judge a Sale by Its License: Software Transfers Under the First Sale Doctrine in the United States and the European Community By LOTHAR DETERMANN & AARON XAVIER FELLMETH* Table of Contents I. Sale and Ownership of Property and the Function of the First Sale Doctrine .................................. 7 A. Sale and Ownership ................................ 8 1. Sale and Ownership of Tangible Property ....... 8 2. Sale and Ownership of a Traditional Copyrighted W ork .............................. 10 3. Sale and Ownership of a Copyrighted Computer Program ........................................ 15 B. Sale Versus Other Forms of Commercialization ..... 19 II. Applicability of the First Sale Doctrine to Software Transfers Under United States Law ..................... 22 A. The First Sale Doctrine in the United States Copyright Acts ...................................... 22 B. Uniform Commercial Code Jurisprudence of Software Transfers ..................... ............ 27 C. Software Transfers Under Section 117 of the 1976 Copyright Act ...................................... 35 D. Software Transfers Under the First Sale Doctrine ... 43 * Names in title appear in alphabetical order. Aaron X. Fellmeth is a senior associate at Bryan Cave LLP, Los Angeles; J.D. 1997, Yale Law School; M.A. 1997, Yale University; A.B. 1993, University of California, Berkeley. Dr. iur. Lothar Determann is a senior associate at Baker & McKenzie, San Francisco; visiting professor at University of San Francisco School of Law; Privatdozent at Freie Universitat Berlin. This article is current as of April 2001.

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