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First sale defense not applicable for software keys, federal judge rules in Microsoft suit

By Nick Robertson ( January 27, 2025, 14:03 GMT | Insight) -- Defendants cannot use the first sale doctrine as an affirmative defense against claims of copyright and trademark infringement by Microsoft, a Washington federal judge ruled yesterday. Microsoft sued The Search People Enterprises and its owner in 2022 over “black market” activation key sales of Microsoft software, including Windows and Office.A Western District of Washington judge ruled yesterday that the first sale doctrine does not apply to software downloads and digital software activation keys, granting a Microsoft motion for partial summary judgment against The Search People Enterprises (SPE). SPE was accused of operating a site selling illicit keys to Microsoft software....

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