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Oracle Software The Courts Your Rights Online

Used Software Can Be Sold, Says EU Court of Justice 385

Posted by timothy
from the over-and-over-and-over dept.
Sique writes "An author of software cannot oppose the resale of his 'used' licenses allowing the use of his programs downloaded from the internet. The exclusive right of distribution of a copy of a computer program covered by such a license is exhausted on its first sale. This was decided [Tuesday] (PDF) by the Court of Justice of the European Union in a case of Used Soft GmbH v. Oracle International Corp.."
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Used Software Can Be Sold, Says EU Court of Justice

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  • by imagined.by (2589739) on Tuesday July 03, 2012 @08:57AM (#40526381)

    In Europe, or at least in Germany, this never was really the case. Simple reason: You can only read the license agreement AFTER you open the box, which makes everything in the EULA null and void. Common sense if you ask me.

  • Re:Well of Course (Score:4, Informative)

    by angel'o'sphere (80593) on Tuesday July 03, 2012 @09:47AM (#40526951) Homepage Journal

    You missunderstand what the court here "recognizes". As most EU court articels posted on /. are missleading anyway.
    A software copy can and always could eb resold. However: the law was ambigous regarding software that was bought via a download. So Oracle claimed that software that was bought and downlaoded from their website would not be allowed to be resold.
    The EU court clarified: it does not matter whether the software was bought on CD/DVD or via the internet.
    Hence: no surprising ruling, as the basic matter is defined by law anyway.

  • by Anonymous Coward on Tuesday July 03, 2012 @09:57AM (#40527079)

    In the UK, consumers have a right to a refund if a product is defective. This right cannot be waived by contract, and it's a criminal offence for the seller to attempt to disclaim or exclude this provision.

  • by Sique (173459) on Tuesday July 03, 2012 @01:57PM (#40531181) Homepage

    Your cunning reply is flawed because also an OEM license is exhausted due to the First Sale doctrin as stated by the Court. There are only two preconditions for the software copy to become your property and trigger the First Sale doctrin: 1. You got the copy legally. 2. With the copy, you got a permanent license to use it. This fits for every OEM license that comes with your computer.

    So yes, you can sell OEM licenses legally and unrestricted in the E.U. according to the Court's ruling.

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