SoftMan Products Company v. Adobe Systems Inc.

171 F. Supp. 2d 1075 (2001)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

SoftMan Products Company v. Adobe Systems Inc.

United States District Court for the Central District of California
171 F. Supp. 2d 1075 (2001)

Facts

Adobe Systems Inc. (Adobe) (defendant) sold software programs bundled together, called Adobe Collections. Each program in the Adobe Collections was accompanied by an End User License Agreement (EULA), which prohibited each end user from distributing any of the individual software within the Adobe Collections. The EULA only permitted each end user to distribute the entire Collections bundle to another in conjunction with the EULA. Adobe required each customer to agree to the EULA during the software installation process. SoftMan Products Company (SoftMan) (plaintiff), a software-products distributor, purchased the Adobe Collections software from Adobe. SoftMan then broke apart the bundle and sold individual pieces of Adobe Collections software to customers as single products. In litigation, Adobe filed a motion for preliminary injunction on its counterclaim against SoftMan for copyright infringement, contending that SoftMan’s business practices exceeded the scope of rights permitted by the EULA. SoftMan opposed, contending that the first-sale doctrine of 17 U.S.C. § 109(a) allowed it to resell the software that it had purchased from Adobe. Adobe replied that the first-sale doctrine did not apply because the Adobe–SoftMan transaction was a license, not a sale, and that in any event, SoftMan had assented to the terms of the EULA. It was undisputed, however, that SoftMan did not install any of the pieces of the Adobe Collections software before selling them.

Rule of Law

Issue

Holding and Reasoning (Pregerson, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership