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Customers can resell copies of downloaded software; developers can try to stop them

  • Edwards Wildman Palmer LLP
  • -
  • European Union
  • -
  • 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

The Advocate General considers the principle of exhaustion of rights in downloaded software

  • Edwards Wildman Palmer LLP
  • -
  • European Union
  • -
  • 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

Downloads can be "re-sold"; but buyers are not "lawful acquirers"

  • Edwards Wildman Palmer LLP
  • -
  • European Union
  • -
  • 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