«This improper leveraging of Disney's copyright in the digital content to restrict secondary transfers of physical copies directly implicates and conflicts with public policy enshrined in the Copyright Act, and
constitutes copyright misuse,» Pregerson wrote.
«This improper leveraging of Disney's copyright in the digital content to restrict secondary transfers of physical copies directly implicates and conflicts with public policy enshrined in the Copyright Act, and
constitutes copyright misuse,» said Pregerson in the ruling.
Lessig believes that it is the first to accuse a literary estate of «
copyright misuse»; the charge is usually levelled against corporations in patent disputes.
The majority found that the SCOTUS had revisited the first sale doctrine such that the copyright suit was precluded on this ground, although Circuit Judge Wardlaw concurred but would sustain the result on
the copyright misuse theory.
Instead, the judge called into question Disney's stringent policies about the codes, accusing the studio of «
copyright misuse.»
Pregerson hits Disney with «
copyright misuse» for this practice for not letting consumers sell their physical copy without being able to keep the digital copy.