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by jauntywundrkind 954 days ago
First sale doctrine definitely used to apply to software. Back when software came in shrink-wrapped boxes.

And alas and woe that the tech industry and courts have conspired to build such a sad world where essentially criminal violation of business model rules. That we haven't rights, when software has any services or systems it connects to.

I deeply appreciated a shout-out from Web scraping for me but not for thee to Mark Lemley in early aughts I guess, pointing out that the biggest trick the tech world ever played was switching from being governed via property rights (where established consumer rights like transferability apply), to contract rights, where the person making or selling something can ensnare you however they please & you get no say & no rights. Software has been a mass tool for infernalizarion of this world & this forever worsening of conditions needs to be pushed back against, needs some force to oppose it's ever widening sway. https://blog.ericgoldman.org/archives/2023/08/web-scraping-f...