International articles related to:
Is the second-hand sale of software licenses allowed in Europe?
McDermott Will & Emery - European Union -
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.
Usedsoft v Oracle: an intelligible guide for non-IP-lawyers
- Collyer Bristow LLP
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- United Kingdom
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- November 27 2012
The most significant IPIT case since our last edition of IP Matters isUsedSoft GmbH v Oracle International.
Licence to sell Part 2
- Pitmans LLP
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- United Kingdom
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- September 11 2012
In our last update we discussed the issues surrounding re-selling digital licences and the effect that this will have on both software suppliers and licensees.
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.
Recent decision reaffirms software license restrictions
- Sullivan & Worcester LLP
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- USA
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- September 29 2010
For decades, software vendors have allowed customers to obtain and use their computer software programs under contracts known as End User License Agreements ("EULAs").
Vernor v. Autodesk: product distribution and resale by licensees may infringe copyright
- Davis Wright Tremaine LLP
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- USA
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- September 27 2010
On Sept. 10, 2010, in Vernor v. Autodesk, Inc., No. 09-35969, slip op. at 13861 (9th Cir. 2010), the U.S. Court of Appeals for the 9th Circuit held that a software reseller was liable for copyright infringement for purchasing used software from a third party and reselling it online.
US court rules non-transferable software "can be resold"
- Shepherd & Wedderburn LLP
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- United Kingdom, USA
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- October 29 2009
Whether you are a computer software developer, user or are buying or selling software licences as part of a wider corporate transaction it may be worth taking note of a recent ruling by a US Court that reaches an interesting conclusion on the nature of computer software ownership.
Copyright first sale doctrine does not apply to resale of licensed software
- Edwards Wildman Palmer LLP
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- USA
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- September 28 2010
Generally, when someone purchases a CD containing software, or a DVD containing a video game, they believe they own the item.
The end of the shrink-wrap license?
- Venable LLP
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- USA
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- June 30 2010
Who owns the software running on your computer?
Used DVD and video game resales one step closer to extinction
- Haynes and Boone LLP
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- USA
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- January 19 2011
Whether through online auctions or local resale stores, consumers have become used to turning unwanted or unused products into cash or credits for future purchases, as well as purchasing second-hand products at a discount.
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.
Lessons of Vernor v. Autodesk: the importance of good drafting in software licenses
- White & Case LLP
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- USA
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- November 2 2010
In Vernor v. Autodesk, Inc., the United States Court of Appeals for the Ninth Circuit held that a reseller of software that had originally been distributed through a license agreement could not invoke the first sale or essential step defenses to copyright infringement.
No sale? No first sale doctrine defense
- McDermott Will & Emery
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- USA
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- October 28 2010
Under the first sale doctrine, a copyright owner has the exclusive right to make and authorize a first sale of copies of his copyrighted work.
When is a software license actually a sale? A new district court decision addresses the copyright first sale doctrine and software
- Wiley Rein LLP
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- USA
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- September 5 2008
In Vernor v. Autodesk, Inc., the federal district court in Seattle added a new decision to the mix of software-related first sale doctrine cases.