For immediate release:
February 16, 2010

For more information, contact:
Brandon Butler
Association of Research Libraries
202-296-2296
brandon@arl.org

Library Associations Join Electronic Frontier Foundation in Support of First Sale Doctrine in Federal Appeals Court

Washington DC—On Thursday, February 11, 2010, the Association of Research Libraries, together with the American Library Association and the Association of College and Research Libraries, joined the Electronic Frontier Foundation and a coalition of public interest and consumer groups in urging a federal appeals court to preserve consumers' rights and the first sale doctrine in a battle over an Internet auction of used computer software.

In an amicus curiae brief filed with the US Court of Appeals for the 9th Circuit, the Electronic Frontier Foundation – joined by the Consumer Federation of America, the American Library Association, Association of Research Libraries, Association of College and Research Libraries, US Public Interest Research Group, and Public Knowledge – supported Timothy Vernor. Vernor is an online software reseller who tried to auction four authentic packages of Autodesk's AutoCAD software on eBay. Autodesk sent takedown notices to block his auctions and threatened to sue him for copyright infringement, claiming that its software is only "licensed," never sold.

At the heart of the case is the first sale doctrine. Copyright’s exclusive right of distribution gives copyright owners control over the first vending of their works. The first sale doctrine allows legitimate purchasers to sell, lend, or trade works freely, i.e., without having to ask permission from the copyright holder. The first sale doctrine thus ensures a “second life” for copyrighted works in libraries, archives, used bookstores, online auctions, and hand-to-hand exchanges.

The brief argues, in part, that the first sale doctrine is well established, serves critical economic and democratic values, and promotes access to knowledge and the preservation of culture. Libraries rely on provisions in the Copyright Act, such as first sale, to accept donations of special collections and loan materials, and to preserve these works. The case raises serious issues regarding the potential for software vendors to evade the first sale doctrine via contractual license agreements, which has strong implications for libraries and their users.

For the full amicus brief see: http://www.eff.org/files/filenode/vernor_v_autodes/VernorAmicus.pdf

The Association of Research Libraries (ARL) is a nonprofit organization of 124 research libraries in North America. Its mission is to influence the changing environment of scholarly communication and the public policies that affect research libraries and the diverse communities they serve. ARL pursues this mission by advancing the goals of its member research libraries, providing leadership in public and information policy to the scholarly and higher education communities, fostering the exchange of ideas and expertise, facilitating the emergence of new roles for research libraries, and shaping a future environment that leverages its interests with those of allied organizations. ARL is on the Web at http://www.arl.org/.