WASHINGTON, DC — June 2, 2014 —
BSA | The Software Alliance today urged the US House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet to oppose any extension of the “first-sale” doctrine to copies of software distributed under licensing agreements, because licensing allows flexibility for evolving software delivery models and provides substantial benefits to consumers.
“We urge this Committee to reject any proposal to extend the first-sale doctrine to copies of software acquired under a licensing agreement or otherwise to convert the first-sale doctrine into a ‘first-license’ doctrine,” said BSA Counselor Emery Simon in testimony before the Subcommittee for a hearing on First Sale under Title 17. “We believe such an extension would undermine the licensing models that our business and individual customers depend on today, upsetting long-standing business practices and leading to substantial confusion among consumers about the rights and quality associated with ‘secondhand’ software, resulting in unintended and harmful consequences.”
Click here to download Simon’s testimony in its entirety.