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Oracle loses to UsedSoft in software resale case

Emma Barraclough, London


Customers of software resellers such as UsedSoft who buy an updated user licence may download the software from the copyright owner’s website, the Court of Justice of the EU ruled today

Europe’s highest court was ruling in a dispute between Oracle and UsedSoft, a German business that offers its clients licences acquired from customers of Oracle.

UsedSoft clients that do not already possess the software download it from Oracle’s website after acquiring a so-called used licence. Clients who already have the software can buy another licence for additional users or to receive software updates. They then download the software to the main memory of the computers of those new users.

Oracle objected to the resale practice and asked the German courts to order UsedSoft to stop. Germany’s Federal Court of Justice asked...


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@DeirdreKilroy @BrandsAndStuff Thanks Deirdre. Has anyone ever argued that they are not compatible with EU trade mark law?

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