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Softman Prods. Co. v. Adobe Sys. Inc., 171 F. Supp. 2d 1075 (C.D. Cal. 2001) Court denied Adobe’s application for preliminary injunction. Adobe alleged Softman infringed copyright in certain software products, and violated terms of licenses. Adobe sold software as part of Collection, accompanied by End User License Agreement (“EULA”), comparable to shrink-wrap license, prohibiting individual distribution of software. Softman conceded it was breaking apart Collections and distributing individual pieces as single products. Court concluded parties’ transaction concerning software was, in reality, sale rather than license. Therefore, first sale doctrine was applicable, permitting Softman to dispose of its particular copy of software as it chose. Court found it unnecessary to reach question of general validity of shrink-wrap licenses, concluding distributor was not bound by Adobe’s EULA because there was no assent to its terms. Source: http://www.abanet.org/intelprop/coursematerials/goldberg.pdf, page 81