ADOBE SYSTEMS INC. v. CHRISTENSON

No. 12-17371.

809 F.3d 1071 (2015)

ADOBE SYSTEMS INC., Plaintiff-Counter-Defendant-Appellant, v. Joshua CHRISTENSON, an individual, DBA www.softwaresurplus.com; Software Surplus, Inc., Defendants-Counter-Claimants-Appellees, v. Software Publishers Association, dba Software Information Industry Association, Third-Party-Defendant.

United States Court of Appeals, Ninth Circuit.

Filed December 30, 2015.


Attorney(s) appearing for the Case

J. Andrew Coombs (argued) and Annie S. Wang , Glendale, CA, for Plaintiff-Counter-Defendant-Appellant.

Lisa A. Rasmussen (argued), Las Vegas, NV, for Defendants-Counter-Claimants-Appellees.

Before: A. WALLACE TASHIMA, M. MARGARET McKEOWN, and MARSHA S. BERZON, Circuit Judges.


OPINION

This appeal, which arises in the context of software licenses, requires us to address the burden of proof applicable to the first sale defense to a copyright infringement claim. Although a copyright holder enjoys broad privileges protecting the exclusive right to distribute a work, the first sale doctrine...

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