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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
  • -
  • European Union, Germany
  • -
  • 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

The "general public license" does not grant use of third party trademarks for advertising modified versions of open source software

  • Hogan Lovells
  • -
  • Germany
  • -
  • January 20 2011

Court of Appeal of Düsseldorf, Decision of 28 September 2010, I-20 U 4109Free Software and Open Source Software programs (FOSS) allow the general public to copy, distribute and modify the copyright-protected source code within the limits of the respective public copyright license