There was another recent case that touched on the related question of whether violation of a license agreement attached to software could give rise to copyright infringement:

http://www.eff.org/deeplinks/2010/12/mixed-ninth-circuit-rul...

Interestingly, the same three Ninth Circuit judges heard both this case and the OP case.

EDIT: Also, there was the Vernor v. Autodesk case a few months ago:

http://en.wikipedia.org/wiki/Vernor_v._Autodesk,_Inc.

Again, the exact same three judges! They seem quite interested in these first-sale/license issues (or else they wouldn't have published all three opinions).