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The US Northern District Court of California holds that a price restriction provision that fixed price at which a licensee could make first sale of copyrighted videogames software is not illegal resale price maintenance (LucasArts Entertainment / Humongous Entertainment)

In LucasArts Entertainment Co. v. Humongous Entertainment Co. [1] the district court held that price restriction provisions included in a license agreement of copyrighted software were not per se illegal or otherwise anticompetitive because “[t]he right to license a patent or copyright (and to dictate the terms of such a license) is the 'untrammeled right' of the intellectual property owner.” [2] Facts The case stems from an agreement between the defendants, Electronic Arts, Inc. (“Electronic Arts”), and Humongous Entertainment Company (“Humongous”) granting Electronic Arts the right to distribute Humongous' products, including a computer videogame entitled Putt Putt Joins the

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Anna M. Pavlik, The US Northern District Court of California holds that a price restriction provision that fixed price at which a licensee could make first sale of copyrighted videogames software is not illegal resale price maintenance (LucasArts Entertainment / Humongous Entertainment), 1 September 1993, e-Competitions Bulletin September 1993, Art. N° 53270

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