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ATTENTION! Resell Software License for a Digital Download – Licensing Terms Cannot Override this Rule.

July 4th, 2012

ANALYSIS: “The Court of Justice interprets EU law to make sure it is applied in the same way in all EU countries. It also settles legal disputes between EU governments and EU institutions. Individuals, companies or organisations can also bring cases before the Court if they feel their rights have been infringed by an EU institution.”The recent ruling on the rights of used software mirrors other rulings in cases such as SusenSoftware v SAP and UsedSoft v Microsoft. Analysis of the ruling shows that:

Read more:

http://www.enterpriseirregulars.com/50715/news-analysis-usedsoft-vs-oracle-ruling-opens-up-monopolistic-practices-by-software-vendors/?utm_source=feedburner&utm_medium=twitter&utm_campaign=Feed%3A+EIblogs+%28Enterprise+Irregulars%29

UsedSoft clients that do not already possess the software download it from Oracle’s website after acquiring a so-called used licence. Clients who already have the software can buy another licence for additional users or to receive software updates. They then download the software to the main memory of the computers of those new users.

Oracle objected to the resale practice and asked the German courts to order UsedSoft to stop. Germany’s Federal Court of Justice asked the Court of Justice of the EU to interpret the directive on the legal protection of computer programs.

Read more: http://www.managingip.com/Article/3054988/Managing-Copyright-Archive/Oracle-loses-to-UsedSoft-in-software-resale-case.html




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July 4th, 2012 |