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What the CJEU’s UsedSoft decision means for software resales


The Court of Justice of the EU has ruled in favour of software resellers in a dispute between Oracle and UsedSoft. Flemming Moos and Marian Alexander Arning of Norton Rose explain what the decision means in practice

Flemming_Moos_Norton_RoseIn its landmark decisions on software resale in the UsedSoft case, the CJEU provided valuable guidelines on how to organise the resale of software in compliance with copyright law.

The Court considered it a "sale" of software under the directive on the legal protection of computer programs if a user downloads software from the manufacturer within the EU on the basis of a licence agreement with the copyright owner that permits the permanent use of that software. As a consequence of that, the exclusive right of distribution of the copyright owner is exhausted on first sale, which means that a resale of electronically distributed software is generally permissible. The Court also stated, however, that a buyer may not split its licences. For example:

• If...


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Analysis from @twobirdsIP of yesterday's #UKSC judgment in Servier v Apotex (re cross-undertaking in damages) #patent http://t.co/SuonRsSknI

Oct 30 2014 05:43 ·  reply ·  retweet ·  favourite
ManagingIP profile

Archiving ahead of office move #throwbackthursday Hopefully we will soon be paperless! http://t.co/wqZiLdJYIf

Oct 30 2014 04:40 ·  reply ·  retweet ·  favourite
ManagingIP profile

Plus ça change ... Old covers on trolls, cost savings, US reform & EU forum shopping #clearout #throwbackthursday http://t.co/hZIvLDRHOF

Oct 30 2014 03:25 ·  reply ·  retweet ·  favourite
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