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The UsedSoft v Oracle case is specifically about and whether or not a licensee can resell the software they have purchased. "On 3 July 2012, the ECJ handed dow
by touchofevil 9y ago
The UsedSoft v Oracle case is specifically about and whether or not a licensee can resell the software they have purchased.
"On 3 July 2012, the ECJ handed down its landmark decision in UsedSoft GmbH v Oracle International Corp (C-128/11), ruling that the owner of copyright in software cannot prevent a perpetual licensee who has downloaded the software from the internet from selling his ‘used’ licence. This decision has significant implications for the software and other digital industries." [1]
[1] http://www.linklaters.com/Insights/Publication1403Newsletter/TMT-News-November-2012/Pages/EU-Used-Soft-Oracle-ECJ-approves-sale-used-software.aspx http://www.linklaters.com/Insights/Publication1403Newsletter...
- will4274 9y agoYes, the copyright owner cannot prevent the licensee from selling the license, but the copyright owner also does not have any obligation to continue hosting a cloud service, to authenticate the existing license on a different account using their cloud service, or to otherwise assist the licensee in transferring the license.
- derefr 9y agoBut they might be under an obligation to not build licensing infrastructure into their software that bound licenses to accounts in the first place, in a way that technically prevented users from transferring them. That could be seen as a form of DRM restricting users from reselling something they're legally able to re-sell, and the courts would Not Like That, for the same reason they don't like things like warranties not transferring on resale.