International articles related to:
The end of the shrink-wrap license?
Venable LLP - USA -
June 30 2010
Who owns the software running on your computer?
Software sale or software licence? US appeals court draws the line in Vernor v. Autodesk, Inc. appeal
- McCarthy Tétrault LLP
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- Canada
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- November 11 2010
For software developers seeking to protect copyright in their works, a recent appeals court decision underscores the importance of carefully drafting shrink-wrap agreements so that those agreements are construed as licences and not sales agreements.
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
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).
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.
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.
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