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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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RT @Cdnpatentlawyer: #StarWarsDay A long time ago, in a galaxy far away, someone thought this would be worth protecting #IP. https://t.co/n

May 4 2016 02:51 ·  reply ·  retweet ·  favourite
ManagingIP profile

Surprised this doesn't mention the v significant Lucasfilm v Ainsworth case https://t.co/tOH8Tbk4kg #StarWarsDay https://t.co/632sCko6Mt

May 4 2016 02:49 ·  reply ·  retweet ·  favourite
ManagingIP profile

Heading to #ipclc at @EU_IPO this evening - anyone else going there? Looking forward to it: https://t.co/cPHZX4OCT3

May 4 2016 02:14 ·  reply ·  retweet ·  favourite
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