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Consumer Reports: Aaron Perzanowski, the John Homer Kapp Professor of Law and associate director of the Spangenberg Center for Law, Technology and the Arts, said that courts have sometimes made judgments against companies with restrictive licensing models. “Generally, courts are hesitant to treat a transaction like a license when it looks like a sale to the consumer,” he said. “One important exception is software, where some courts, unfortunately, have been convinced a particular copy of a program can be licensed but not sold.”