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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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More info on music ind's application for judicial review of UK private copying exception ($) http://t.co/rdLCGyUeXk http://t.co/na5trEaNIm

Nov 27 2014 03:27 ·  reply ·  retweet ·  favourite
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Happy Thanksgiving to everyone celebrating today! Here are some Thanksgiving trademarks from @Trademarkology http://t.co/S3FRy9Mi8r

Nov 27 2014 02:44 ·  reply ·  retweet ·  favourite
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Getting ready for #ASIPIenMX in Mexico City. James Nurton & Alissa Rozen will be representing us - do say hello if you're there too!

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