International articles related to:
Customers can resell copies of downloaded software; developers can try to stop them
Edwards Wildman Palmer LLP - European Union -
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.
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.
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.
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?
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.
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.
Resale of computer software on eBay does not infringe copyright
- McCarthy Tétrault LLP
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- USA
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- July 31 2008
An estimated 1.3 million people worldwide make some or all of their living selling goods on eBay, and Timothy Vernor is one of them.
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.
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.