Reference no: EM13870215
Read Case Problem 10-16 on page 283 of your text, and the two related cases:
SoftMan Products Co., LLC v. Adobe Systems, Inc., 171 F. Supp. 2d 1075 (C.D. Cal. 2001).
Adobe Systems, Inc. v. Stargate Software, Inc., 216 F. Supp. 2d 1051 (N.D. Cal. 2002).
Initial post:
Draft a reponse that explains which party should prevail and why. Use IRAC or Law + Facts = Conclusion as the outline of your analysis.
Title your thread "SoftMan" or "Adobe" to reflect your decision.
The post should be at least 750 words and be supported by at least two scholarly sources, other than the textbook and the Bible (cases are considered scholarly sources). Sources should be listed in a reference list at the end of your post, with full APA citations (cases may be cited in Bluebook form, as they are in the book or above). Sources should also be cited as you use them with in-text short citations.
10-16 Adobe Systems, Inc., is a leading software publishing company. SoftMan Products Company distributes computer software products primarily through its website https://www.buycheapsoftware.com. Adobe distributes its products, including certain collections of products (Collections), through license agreements with distributors. Each Adobe Collection is also accompanied by an End User License Agreement (EULA) that sets forth the terms of the license between Adobe and the end user for that specific product. The EULA is electronically recorded on the computer disk, and customers are asked to agree to its terms when they attempt to install the software. The EULA includes a provi-sion that prohibits licensees from transferring or assigning any individual Adobe product that was originally distributed as part of a Collection, unless it is transferred with all the software in the original Collection. Adobe filed a lawsuit seeking a prelimi-nary injunction against SoftMan on the ground that SoftMan had violated the terms of Adobe's EULA by breaking apart various Adobe Collection packages and distributing the individual pieces of them as single products. SoftMan defended on the ground that it was not subject to EULA terms, because it did not install the software before reselling it to end users. Who should prevail and why? SoftMan Products Co., L.L.C. v. Adobe Systems, Inc., 171 F Supp. 2d 1075 (CD. Cal. 2001); contra Adobe Systems Inc. v. Stargate Software, Inc., 216 F. Supp. 2d 1051 (N.D. Cal. 2002).
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