In this particular case, Sheeran’s lawyers have plead to have the case dismissed, asserting – as filed on 7 October – that the lawsuit consists of “vague, disorganized, redundant, argumentative and scandalous allegations”, which “defy the most fundamental pleading requirement of providing short, concise and plain statements”. The second prong of attack taken by Sheeran’s lawyers is to take issue with “unduly vague allegations that “certain Defendants” performed certain unspecific acts without any effort to distinguish between the eleven different Defendants”.
- An initial acquirer of software under an unlimited user licence is entitled to resell the software to a new acquirer under the doctrine of exhaustion of distribution right. Importantly, however, the software being resold must be stored on the original material medium.
- In contrast, copies of software stored on a non-original material medium (i.e. backup DVDs/CDs/floppy disks) cannot be resold without the authorisation of the rightholder, even where the original material medium has damaged/destroyed/lost.