International articles related to:
Licence to sell – Part 2
Pitmans LLP - United Kingdom -
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.
UsedSoft v Oracle opens up market for second-hand software licences
- De Brauw Blackstone Westbroek
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- European Union
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- July 6 2012
The Court of Justice of the European Union (the "CJ") handed down a landmark decision on 3 July 2012 in the case of software licence reseller UsedSoft v Oracle that opens up the market for second-hand software licences.
Customers can resell copies of downloaded software; developers can try to stop them
- Edwards Wildman Palmer LLP
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- European Union
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- 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.
EU allows resale of downloaded software
- Field Fisher Waterhouse
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- European Union
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- 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.
Selling on software licences is permissible, but where will it lead?
- Herbert Smith Freehills LLP
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- European Union
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- July 16 2012
The CJEU has delivered its decision in Case C-12811 UsedSoft GmbH v Oracle International Corp answering questions referred to it by the German court on the permissibility of selling on software licences, and whether the principle of exhaustion of distribution rights in the Copyright Directive (200129) applies to software downloaded via the internet under the provisions of the Software Directive (200924).
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.
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
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- European Union
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- July 9 2012
In a landmark judgment delivered by its Grand Chamber on 3 July 2012 (Case C-12811), the European Court of Justice has effectively declared the second-hand sale of physical copies and downloaded copies of software to be legal.
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
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.
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.
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
ECJ finds that an author of software cannot oppose the resale of his ‘used’ licenses
- Stibbe
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- European Union
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- October 26 2012
On 3 July 2012, the European Court of Justice (ECJ) published a judgment in which it affirmed the right of licence holders to ‘resell’ their rights of use of computer programs, supporting intermediaries and end customers in the way.
Pulp fiction: die-tunes with a vengeance
- King & Wood Mallesons
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- USA
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- September 12 2012
It's the kind of script that Will Smith would be happy to star in: a lonely Hollywood actor, making a stand for the little guy against a corporate giant trying to strip away the most sacred of family bequests one’s iTunes library.
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.
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.
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
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.
Risks of cloud computing - Part I
- McCarthy Tétrault LLP
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- Canada
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- November 11 2010
With the next big wave in IT - so-called "cloud computing" - starting to hit the shores of the corporate world, now is a good time to begin to grasp what cloud computing entails and how to manage the legal risks it kicks up.
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.
CJEU rules the resale of used software licenses legal
- Latham & Watkins LLP
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- European Union
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- July 17 2012
In the future, the resale of software licenses or license packages will be more difficult for software providers to prevent.
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
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.
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.
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
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.
When is a software license transferable even if it says it’s nontransferable?
- Mayer Brown LLP
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- European Union
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- December 19 2012
Software companies cannot prevent the sale of “second-hand” software licenses where those licenses are for a one-off fee and an unlimited period.
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.
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.
Could software imports from Europe bypass U.S. first sale and IP exhaustion laws?
- Pillsbury Winthrop Shaw Pittman LLP
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- European Union, USA
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- July 25 2012
On July 3, the Court of Justice of the European Union (CJEU) ruled that a sale of a digital copy of software exhausted the copyright owner's exclusive distribution rights to the copy under Europe's first sale doctrine.
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?
No improved visibility for cloud computing taxation
- Alston & Bird LLP
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- USA
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- July 21 2011
In the past year or so, there have been several articles written on the topic of cloud computing and the potential tax consequences of various types of “cloud” transactions.
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")
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.
I bought it; I own itor do I?
- Fenwick & West LLP
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- USA
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- September 13 2010
On September 10, 2010, the Ninth Circuit issued a much-awaited ruling on appeal in Vernor v Autodesk, addressing whether software purchasers are owners or licensees of the copies of the software in their possession.