European Union 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.
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.
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.
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")
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
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
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.
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.
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.
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.
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.
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.
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.
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.
A round-up of developments
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- May 24 2012
In the case of SAS Institute v World Programming Limited, the Court of Justice of the European Union (the "CJEU") has considered the limited extent to which certain elements of a computer program enjoy copyright protection.
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
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.
IT & outsourcing e-bulletin - a round-up of developments
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- July 31 2012
Ofcom has published a revised version of the Initial Obligations Code for ISPs and copyright owners in an effort to tackle online copyright infringement as per the provisions of the controversial Digital Economy Act.
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.
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.
Intangibles and exhaustion: ReDigi and UsedSoft revisited
- AJ Park
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- European Union, United Kingdom
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- May 14 2013
As noted by Ben Challis in the 1709 Blog and by Eleonora Rosati on the IPKat, many commentators believe it wrong that a court could decide that first
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.
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.
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
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
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
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 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.
IP snapshot May 2012
- CMS Cameron McKenna
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- European Union, United Kingdom
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- May 29 2012
The CJEU has ruled on the interpretation of Article 5(3) of Regulation (EC) No. 442001 in the context of trade mark infringement through the use of AdWords.
iTunes soon to be challenged by ReDigi’s second-hand digital marketplace
- White & Black Legal LLP
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- European Union, United Kingdom
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- January 23 2013
It was recently announced that ReDigi, an online Marketplace facilitating the sale and purchase of second-hand digital music (purchased from
TMT past, present and future: UKEU review of 2012 and preview of 2013
- Herbert Smith Freehills LLP
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- European Union, United Kingdom
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- January 15 2013
No duty to monitor" extended to social networks: In February 2012, the Court of Justice of the European Union ("ECJ") ruled that the owner of an
IP snapshot - July 2012
- CMS Cameron McKenna
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- European Union, United Kingdom
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- August 20 2012
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