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Results: 1-10 of 70

Exhaustion of rights - a green light for ReDigi?

  • Wragge & Co LLP
  • -
  • European Union
  • -
  • 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

IP snapshot - January 2013

  • CMS Cameron McKenna
  • -
  • European Union
  • -
  • January 25 2013

The CJEU has given its long-awaited and much-anticipated decision in the ONELOMEL case, which turned on the issue of the extent of geographical use

When is a software license transferable even if it says it’s nontransferable?

  • Mayer Brown LLP
  • -
  • European Union
  • -
  • 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 holds computer programming languages and functionality unprotectable

  • Quinn Emanuel Urquhart & Sullivan LLP
  • -
  • European Union
  • -
  • November 19 2012

The European Court of Justice in Luxembourg recently held in SAS Institute Inc. v. World Programming Ltd., No. C-40610 (May 2, 2012) that under the laws of the European Union, the functionality of computer programs and computer programming languages is not subject to copyright protection

Can a software owner prevent re-sale of its software?

  • TLT Solicitors
  • -
  • European Union
  • -
  • 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

Good news for database owners: infringement takes place at least where the data is intended to be accessed

  • Olswang LLP
  • -
  • European Union
  • -
  • October 31 2012

In its October decision in Football Dataco v Sportradar (C-17311) the Court of Justice of the European Union ("CJEU") held that database infringement occurs at least in the place where an internet user accesses the data, where there is evidence of an intention to target the public within that jurisdiction, notwithstanding the fact that the data may be sent from a server located outside that Member State

EU allows resale of downloaded software

  • Field Fisher Waterhouse
  • -
  • European Union
  • -
  • 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

Court of Justice confirms that you can't avoid sui generis database rights by locating a server outside of the jurisdict

  • Field Fisher Waterhouse
  • -
  • European Union, United Kingdom
  • -
  • October 30 2012

The Court of Justice of the European Union has delivered a ruling that sui generis database rights under Directive 969EC might be infringed by operations uploading data onto servers located outside of the jurisdiction, if there is an intention to target the public within the jurisdiction and the database contents are accessed by users there

European Court of Justice paves the way for sale of used software

  • Hogan Lovells
  • -
  • European Union
  • -
  • 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

The final score on database rights

  • CMS Cameron McKenna
  • -
  • European Union, United Kingdom
  • -
  • October 23 2012

The Court of Justice of the European Union (CJEU) has given a ruling on questions of database right infringement referred to it by the Court of Appeal

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