Salient quote:
“”The transfer of AutoCAD copies via the license is a transfer of ownership.”

To my way of thinking, this seriously calls into question every EULA that attempts to put “no resale” clauses into it’s license — for the same reason that there’s a “first-sale” exeption covering physical books.
The “first sale” doctrine comes out of a court deicision where a publisher attempted to stiuplate that people could only re-sell THEIR copies for a minimum price (2 dollars, I believe) and that anything else was a violation of the publishers’ copyright.

Thankfully they got slapped down on that but the software publishers have been trying to play that game for years:

Salient quote:

“In that case, the publisher, Bobbs-Merrill, had inserted a notice in its books that any retail sale at a price under $1.00 would constitute an infringement of its copyright. The defendants, who owned Macy’s department store, disregarded the notice and sold the books at a lower price without Bobbs-Merrill’s consent. We held that the exclusive statutory right to “vend” applied only to the first sale of the copyrighted work…”

http://en.wikipedia.org/wiki/First-sale_doctrine#Case_law

In any case, this has absolutely no bearing on who has the moral high-ground on file-sharing. Questions of “moral high-ground” go right out the window, when you take into consideration that copyright term lengths keep being raised semi-randomly, in hopes of eventually killing the “Public Domain” off, entirely.

l8r

Fuck you.

QED