Tag Archives: software licensing

ILN Today Post

Rethinking software licensing

This article was first published by Solicitors Journal on 07 August 2012, and is reproduced by kind permission.

The recent Oracle judgment could trigger a radical change of approach to the resale and licensing of computer software, with implications going beyond narrow technology circles.

If you are not intimately acquainted with copyright law and competition law, then it is possible that you may have missed the decision of the European Court of Justice in case C-128/11 UsedSoft v Oracle. The ECJ ruled that, despite the fact that a user had agreed terms which prohibited the transfer of a software licence relating to software that he had downloaded from the internet, Oracle were not entitled to rely on those licence terms to prevent him from selling that software to a third party, so long as he had properly uninstalled that software from his computer first. More…

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ILN Today Post

Rethinking software licensing

This article was first published by Solicitors Journal on 07 August 2012, and is reproduced by kind permission.

The recent Oracle judgment could trigger a radical change of approach to the resale and licensing of computer software, with implications going beyond narrow technology circles.

If you are not intimately acquainted with copyright law and competition law, then it is possible that you may have missed the decision of the European Court of Justice in case C-128/11 UsedSoft v Oracle. The ECJ ruled that, despite the fact that a user had agreed terms which prohibited the transfer of a software licence relating to software that he had downloaded from the internet, Oracle were not entitled to rely on those licence terms to prevent him from selling that software to a third party, so long as he had properly uninstalled that software from his computer first. More…

Read full article