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VERNOR v. AUTODESK, INC.

No. 09-35969.

621 F.3d 1102 (2010)

Timothy S. VERNOR, Plaintiff-Appellee, v. AUTODESK, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2010.

Attorney(s) appearing for the Case

Jerome B. Falk (argued), Clara J. Shin , and Blake J. Lawit of Howard Rice Nemerovski Canady Falk & Rabkin P.C., and Michael A. Jacobs and George C. Harris of Morrison & Foerster LLP, for defendant-appellant Autodesk, Inc.

Gregory A. Beck (argued) and Deepak Gupta of the Public Citizen Litigation Group, for plaintiff-appellee Timothy S. Vernor.

Randi W. Singer , Mark J. Fiore , and Lisa R. Eskow of Weil, Gotshal & Manges LLP, for amicus curiae eBay Inc.

Fred von Lohmann of the Electronic Frontier Foundation and Sherwin Siy and John Bergmayer of Public Knowledge, for amicus curiae American Library Association, Association of College and Research Libraries, Association of Research Libraries, Consumer Federation of America, Electronic Frontier Foundation, Public Knowledge, and U.S. PIRG.

Scott E. Bain , Keith Kupferschmid , and Mark Bohannon , for amicus curiae Software & Information Industry Association.

Robert H. Rotstein , Patricia H. Benson , and J. Matthew Williams of Mitchell Silberberg & Knupp LLP, for amicus curiae Motion Picture Association of America, Inc.

Before WILLIAM C. CANBY, JR., CONSUELO M. CALLAHAN and SANDRA S. IKUTA, Circuit Judges.

OPINION

CALLAHAN, Circuit Judge:

Timothy Vernor purchased several used copies of Autodesk, Inc.'s AutoCAD Release 14 software ("Release 14") from one of Autodesk's direct customers, and he resold the Release 14 copies on eBay. Vernor brought this declaratory judgment action against Autodesk to establish that these resales did not infringe Autodesk's copyright. The district court issued the requested declaratory judgment, holding that Vernor's sales were...

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