Wouldn't that imply that end-user license agreements are all unenforceable because the software was sold through a retailer, and even if it wasn't you could just a get a secondhand copy?

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gpm 3 hours ago | parent [-]

By my understanding EULAs are based on contract law and having a clickwrap agreement that requires you agree to it before using the software, not copyright law. Except perhaps to the extent that copyright law would prevent you from creating a derivative work that doesn't require you to agree to that clickwrap agreement prior to using the software.

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AnthonyMouse 2 hours ago | parent [-]

How does that solve it? Alice buys the software, clicks "agree" so that it runs and then sells it to Bob who uses it without ever agreeing.

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verall 44 minutes ago | parent [-]

Somewhere deep in the legalese Alice agreed she would not do that, i.e. "non transferable license".

	▲	AnthonyMouse 36 minutes ago \| parent [-]
		Isn't that the part that would violate the first sale doctrine? Also, wouldn't that be a problem for Alice rather than Bob? Or for that matter, for the person who clicked "agree" who might not be someone who ever owned the copy and might not even be competent to enter into a contract?