InternationalUSRemember you can easily switch between MIP US and MIP International at any time

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...


Please log in to read the rest of this article.

New to Managing Intellectual Property? Take advantage of one week’s FREE access and become a Managing IP member today. It’s free to join and the benefits start straight away.

Already registered?

Please make sure you log in to read the rest of the article.

Log in

Join us now

Gain 7 days FREE access when you register now.

Join here

profile

Managing IP

ManagingIP

ManagingIP profile

RT @IP_STARS: IP firm news from @HoganLovellsIP, @Hunton_Williams, @AllenOvery https://t.co/5F0rwHYvlm .@ManagingIP #partner hire #Intellec…

Sep 23 2016 04:56 ·  reply ·  retweet ·  favourite
ManagingIP profile

.@MarquesIP chair Uwe Over finally gets to wear his flip-flops at the end of #marques16 Next year: Prague! 🇨🇿… https://t.co/emBn7LeJTA

Sep 23 2016 01:32 ·  reply ·  retweet ·  favourite
ManagingIP profile

#marques16 moderator: "We're running out of time..." Marion Heathcote: "Indigenous communities have waited hundreds of years" Audience: 👏👏👏

Sep 23 2016 10:40 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


Read this year's AIPPI Congress News - published daily by Managing IP direct from the AIPPI Annual Meeting in Milan


null null null

September 2016

The Mad Men of IP

In the early 1960s, patent practice was quiet and inventors often faced a hostile environment. But then, like now, new technologies were emerging to reshape business and the economy. Across North America, innovative lawyers set up boutique firms that would transform the market, many of which still exist today. Fifty years on, Jakob Schnaidt tells their story



Most read articles

Supplements