International articles related to:
Usedsoft v Oracle: an intelligible guide for non-IP-lawyers
Collyer Bristow LLP - United Kingdom -
November 27 2012
The most significant IP/IT case since our last edition of IP Matters isUsedSoft GmbH v Oracle International.
When is a software licence transferable even if it says it’s non-transferable?
- Mayer Brown LLP
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- European Union
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- August 16 2012
Software companies cannot prevent the sale of “second-hand” software licences, where those licences are for a one-off fee and an unlimited period.
UsedSoft v Oracle opens up market for second-hand software licences
- De Brauw Blackstone Westbroek
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- European Union
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- July 6 2012
The Court of Justice of the European Union (the "CJ") handed down a landmark decision on 3 July 2012 in the case of software licence reseller UsedSoft v Oracle that opens up the market for second-hand software licences.
Selling on software licences is permissible, but where will it lead?
- Herbert Smith Freehills LLP
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- European Union
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- July 16 2012
The CJEU has delivered its decision in Case C-12811 UsedSoft GmbH v Oracle International Corp answering questions referred to it by the German court on the permissibility of selling on software licences, and whether the principle of exhaustion of distribution rights in the Copyright Directive (200129) applies to software downloaded via the internet under the provisions of the Software Directive (200924).
ECJ allows resale of ‘used’ software licences in landmark case and extends the principle of exhaustion even to downloaded (non-physical) copies
- Reed Smith LLP
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- European Union
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- July 9 2012
In a landmark judgment delivered by its Grand Chamber on 3 July 2012 (Case C-12811), the European Court of Justice has effectively declared the second-hand sale of physical copies and downloaded copies of software to be legal.
Is the second-hand sale of software licenses allowed in Europe?
- McDermott Will & Emery
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- European Union
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- July 31 2012
The Court of Justice of the European Union has now ruled that software developers may no longer block the resale of online licensed software.
EU allows resale of downloaded software
- Field Fisher Waterhouse
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- European Union
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- October 30 2012
In a judgment that has significant implications for the software and digital media industries in Europe, the European Court has ruled that, in principle, the owner of copyright in software cannot stop someone who has purchased and downloaded that software online from reselling it.
The software industry wakes up to a brave new world
- Dorsey & Whitney LLP
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- European Union
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- July 11 2012
In a surprising decision early in July, in the case of UsedSoft GmbH v. Oracle International, the highest court in Europe, at the stroke of the pen, has re-written the basic rules of the game relating to the distribution of software in the European Union.
Customers can resell copies of downloaded software; developers can try to stop them
- Edwards Wildman Palmer LLP
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- European Union
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- July 4 2012
Yesterday, 3 July 2012, the Court of Justice of the European Union (CJEU) ruled in UsedSoft v. Oracle that online purchasers of software may resell copies of their downloads provided that they render the original download usable.
Does Oracle v UsedSoft end restrictions on reselling software licenses?
- Squire Sanders
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- European Union
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- July 24 2012
In a surprising judgment, on 3 July the European Court decided that end users of Oracle software could resell their software licences without Oracle’s consent and that licence terms that prevented them from doing so were unenforceable.
Second-hand software a legitimate aftermarket and the SAAS bandwagon
- Kingsley Napley
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- European Union
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- August 7 2012
A recent ruling by the European Court of Justice has changed the landscape for software suppliers and users.
Resale of software licences now allowed
- NautaDutilh
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- European Union
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- July 19 2012
With its groundbreaking judgment of 3 July 2012, the Court of Justice of the European Union (CJEU) has decided that the resale of software licences is allowed in spite of contractual prohibitions.
ECJ finds that an author of software cannot oppose the resale of his ‘used’ licenses
- Stibbe
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- European Union
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- October 26 2012
On 3 July 2012, the European Court of Justice (ECJ) published a judgment in which it affirmed the right of licence holders to ‘resell’ their rights of use of computer programs, supporting intermediaries and end customers in the way.
CJEU undermines software online sales model
- NautaDutilh
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- European Union
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- September 20 2012
In a groundbreaking judgment of 3 July 2012, the Court of Justice of the European Union (CJEU) seriously undermined the online sales model used by software developers.
Could software imports from Europe bypass U.S. first sale and IP exhaustion laws?
- Pillsbury Winthrop Shaw Pittman LLP
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- European Union, USA
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- July 25 2012
On July 3, the Court of Justice of the European Union (CJEU) ruled that a sale of a digital copy of software exhausted the copyright owner's exclusive distribution rights to the copy under Europe's first sale doctrine.
Resale of “second-hand” software downloads is legal, says German Court
- Eversheds LLP
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- European Union, Germany
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- July 6 2012
The European Court of Justice (ECJ) has held that a copyright holder’s right to oppose the resale of computer software is lost where it makes a copy of computer software available to a customer for an unlimited period in exchange for a licence fee.
A stop to second-hand dealing in copyright protected downloads?
- Baker & McKenzie
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- European Union
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- May 22 2012
The Advocate General's decision in Axel W. Bierbach, administrator of UsedSoft GmbH v Oracle International Corp was released at the end of April.
CJEU rules the resale of used software licenses legal
- Latham & Watkins LLP
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- European Union
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- July 17 2012
In the future, the resale of software licenses or license packages will be more difficult for software providers to prevent.
Can a software owner prevent re-sale of its software?
- TLT Solicitors
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- European Union
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- November 15 2012
Software owners will generally provide that software licenses are non-transferable in the expectation that this will prevent licenensee from selling on the licensed software
Exhaustion of rights - a green light for ReDigi?
- Wragge & Co LLP
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- European Union
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- February 19 2013
In the last few years, there has been a quantum shift in how software consumers obtain their purchases. Tangible products are being increasingly
Volume software licensing a landmark CJEU decision
- Matheson
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- European Union
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- July 17 2012
An industry has grown up around the sale of second-hand software as a result of re-sellers seeking to acquire full or partial multi-user software licences from the original licensee and to “on-sell” those licenses to customers.
Europe in breach of international copyright treaty
- AJ Park
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- European Union
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- November 14 2012
A recent decision of the European Court of Justice on the licensing model for software transactions, has inadvertently breached the WIPO Copyright Treaty of 1996.
To use or not to use? Federal Court of Justice asks CJEU to evaluate the compatibility of a re-sale of used software licenses with copyright law
- Hogan Lovells
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- European Union, Germany
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- April 14 2011
The question of whether or not the trade in used software licenses which are passed on to the buyer by way of online download is compatible with copyright law has long been controversially discussed by German courts and legal commentators.
Recent developments in copyright law
- McCann FitzGerald
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- European Union, Ireland
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- July 20 2012
In this article, we take a look in brief at the latest copyright decisions which have been handed down by the Court of Justice of the European Union ("CJEU")
Downloads can be "re-sold"; but buyers are not "lawful acquirers"
- Edwards Wildman Palmer LLP
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- European Union
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- May 1 2012
A preliminary ruling by Advocate-General Bot in UsedSoft v. Oracle has determined that users are allowed to re-sell and re-distribute software that has been acquired by purely online means.
European Court of Justice paves the way for sale of used software
- Hogan Lovells
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- European Union
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- October 25 2012
The European Court of Justice allows the sale of used software also in cases where the initial purchase was made by way of Internet download, and thereby extends the application of the exhaustion doctrine to the act of copying the actual software.
The interplay between digital media and the first sale doctrine
- Holland & Knight LLP
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- European Union, USA
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- April 3 2013
The first sale doctrine allows owners of copies of copyrighted works (e.g. used books, CDs, DVDs) to resell their copies without restriction, and it
CJEU confirms that resale and use of used software is permissible under European copyright law
- McDermott Will & Emery
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- European Union
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- August 8 2012
In Luxembourg on 3 July 2012, the Court of Justice of the European Union (CJEU) held that the resale and use of used software is permissible under European copyright law.
The Advocate General considers the principle of exhaustion of rights in downloaded software
- Edwards Wildman Palmer LLP
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- European Union
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- April 30 2012
In a decision that makes software developers' fight against piracy more difficult, a preliminary ruling by Advocate-General Bot in Case C-12811 UsedSoft v. Oracle has determined that users are allowed to re-distribute not only software that has been initially delivered on physical media whose ultimate origin can be verified, but also software that has been acquired by purely online means and whose legitimacy cannot be ascertained by consumers.
CJEU rules first sale doctrine applies to digital copies of software in Europe
- McDermott Will & Emery
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- European Union
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- July 16 2012
In an eagerly-awaited judgment, the Court of Justice of the European Union (CJEU) has held that the first sale doctrine applies to digital copies of software sold in the European Union or European Economic Area.
Reselling used apps?
- Schoenherr
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- European Union
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- April 22 2013
In a recent decision, the Court of Justice of the European Union (CJEU) held that the resale of used software generally cannot be excluded in licence
ReDigi the digital second-hand shop
- Pitmans LLP
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- European Union, USA
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- April 12 2013
A US court has ruled that ReDigi's sale of "second-hand" digital music online infringes Capitol Records' copyright. Court grants summary judgment
ECJ to clarify position on sale of 'used' software licences
- CMS Cameron McKenna
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- European Union, Germany
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- March 11 2011
The sale of 'used' or 'second-hand' software licences has been a contentious area in recent years.
Second-hand software ok in the EU
- Scott & Scott LLP
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- European Union, USA
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- October 22 2012
A flurry of attention surrounded the recent legal saga of Timothy Vernor and his protracted fight against Autodesk to re-sell software via eBay.
Re-sale of digital music: US v EU approach
- William Fry
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- European Union, USA
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- June 4 2013
US - Rights Not Exhausted After First Sale ReDigi, a US company, allows its customers to re-sell their digital music through its online marketplace
Resale of digital music: US v EU approach
- William Fry
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- European Union, USA
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- May 14 2013
ReDigi, a US company, allows its customers to resell their digital music through its online marketplace. Users of the service can buy used digital
Vernor v. Autodesk: software and the first sale doctrine under copyright law
- Latham & Watkins LLP
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- USA
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- November 5 2010
The old adage that "possession is ninth-tenths of the law" may not be true any longer, at least with respect to software.
Software publishers can prevent resale of bare licences and back-up copies of used software
- Bird & Bird
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- Germany
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- October 27 2009
Three German Courts of Appeal have held that the distribution of used software is only permitted if the copyright holder consents or if the software is distributed in the same physical form (i.e. on the media) in which it was initially put on the market.
Case update: Oracle v SAP - damages for copyright infringement
- Matheson
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- USA
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- November 3 2011
A US District Court Judge has overturned the highest ever award for copyright infringement in US history.