International articles related to:
EU allows resale of downloaded software
Field Fisher Waterhouse - European Union -
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.
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.
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?
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.
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.
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.
Capitol Records, LLC v. ReDigi, Inc.
- Loeb & Loeb LLP
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- USA
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- April 19 2013
District court grants summary judgment in favor of plaintiff Capitol Records on its copyright claims against ReDigi, online “reseller” of pre-owned
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.
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.