International articles related to:
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 - European Union -
July 9 2012
In a landmark judgment delivered by its Grand Chamber on 3 July 2012 (Case C-128/11), the European Court of Justice has effectively declared the second-hand sale of physical copies and downloaded copies of software to be legal.
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.
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.
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.
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.
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.
Open source software: the top 10 open source licences
- Wragge & Co LLP
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- United Kingdom
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- January 28 2009
Readers of Computers & Law should be familiar with open source software.