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FvL
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Your hypothetical #5 could easily have been addressed by Autodesk if it had required return of the original physical media as a condition of the upgrade price (something that other software vendors have done in the past). That would neatly resolve any lingering first sale questions (as first sale attaches to the tangible media), without jeopardizing a host of other socially desirable outcomes that flow from a robust copyright exhaustion doctrine.
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