Legal Opinion

Vernor v. Autodesk, Inc.

Court of Appeals for the Ninth Circuit

Decided September 10, 2010No. 09-35969PublishedCited by 35 opinions

1Opinion of the Court

OPINION

CALLAHAN, Circuit Judge:

Timothy Vernor purchased several used copies of Autodesk, Inc.’s AutoCAD Release 14 software (“Release 14”) from one of Autodesk’s direct customers, and he resold the Release 14 copies on eBay. Vernor brought this declaratory judgment action against Autodesk to establish that these resales did not infringe Autodesk’s copyright. The district court issued the requested declaratory judgment, holding that Vernor’s sales were lawful because of two of the Copyright Act’s affirmative defenses that apply to owners of copies of copyrighted works, the first sale doctrine…

2Cases cited13 opinions

  1. MAI Systems Corp. v. Peak Computer, Inc.Court of Appeals for the Ninth Circuit · 1993
  2. Bobbs-Merrill Co. v. StrausSupreme Court of the United States · 1908
  3. United States v. Luis Manuel Rodriguez-LaraCourt of Appeals for the Ninth Circuit · 2005
  4. John Hampton and Dorothy Hampton v. Paramount Pictures Corporation, and Eastman Kodak CompanyCourt of Appeals for the Ninth Circuit · 1960
  5. Jorita Padfield v. Aig Life Insurance Company, a CorporationCourt of Appeals for the Ninth Circuit · 2002

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3Cited by35 opinions

  1. Apple Inc. v. Psystar Corp.Court of Appeals for the Ninth Circuit · 2011
  2. MDY Industries, LLC v. Blizzard Entertainment, Inc.Court of Appeals for the Ninth Circuit · 2010
  3. Adobe System Inc. v. Blue Source Group, Inc.District Court, N.D. California · 2015
  4. Universal Instruments Corp. v. Micro Sys. Eng'g, Inc.Court of Appeals for the Second Circuit · 2019
  5. Malibu Media, LLC v. DoeDistrict Court, E.D. California · 2016

30 more not listed; retrieve them via the Exa API.

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