European Union articles related to:
Could software imports from Europe bypass U.S. first sale and IP exhaustion laws?
Pillsbury Winthrop Shaw Pittman LLP - European Union, USA -
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.
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.
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.
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).
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.
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.
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.
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
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.
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 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.
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.
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")
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.
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.
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
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.
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.
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
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.
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
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.
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.
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.
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.
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.
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.
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
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.
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.
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.