Blog Post
Legal: 9th CCA joins MDY Industries with Vernor v Autodesk!
Posted Tue Dec 29 at 11:25 AM
The Ninth Circuit Court of Appeals issued an order today that joins MDY Industries case with Vernor v. Autodesk. This is pretty exciting stuff, since Vernor's entire case (and a huge part of MDY Industries) hinges upon whether people who buy software at the store are owners or licensees.
Vernor won his case in district court already and his case is rather simple, so I consider this to be good news for MDY Industries. If Vernor can't convince his panel that his customers own their copies of Autodesk, then I can't imagine MDY Industries have a better chance at all.
I don't know if this will make MDY Industries oral argument come up any sooner, but it'll be a lot more exciting when it happens. It also punches a bit of a hole in Blizzard's theory that "owner of a copy" means something different under 109 than 117. We all knew where that would end up, though.
Anyway, the very short order is linked below.
Download link:
http://mmoglider.com/legal/12_23_2009_Consolidate.pdf
Vernor won his case in district court already and his case is rather simple, so I consider this to be good news for MDY Industries. If Vernor can't convince his panel that his customers own their copies of Autodesk, then I can't imagine MDY Industries have a better chance at all.
I don't know if this will make MDY Industries oral argument come up any sooner, but it'll be a lot more exciting when it happens. It also punches a bit of a hole in Blizzard's theory that "owner of a copy" means something different under 109 than 117. We all knew where that would end up, though.
Anyway, the very short order is linked below.
Download link:
http://mmoglider.com/legal/12_23_2009_Consolidate.pdf
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