Copyright and EULA Claim
In response to Adobe's claim, SoftMan argues that first sale doctrine allows SoftMan to unbundle and sell the Adobe software without Adobe's restrictions. Adobe asserts that it does not sell any software, rather it licenses its end users the software. Furthermore, the EULA attached to each copy of the software prohibits the "licensee" to unbundle the software.
The court disagrees with Adobe's assertion. Since the purchaser pays a fixed fee to obtain the rights to use the software for an indefinite period of time and also accepts the risk commonly associated with a sale, the court determines the transactions between Adobe and SoftMan are sales. Thus, first sale doctrine applies and Adobe's copyright claims are rejected.
In response to Adobe's claim that SoftMan violated terms of service described in the EULA, the court decides that SoftMan is not bound by the EULA because there was no assent. However, the court declines to comment on the general issue of shrinkwrap licenses.
Read more about this topic: Soft Man Products Co. V. Adobe Systems Inc.
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