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12 July 2012
Issue: 7522 / Categories: Legal News
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Software ruling

ECJ: second-hand software can be sold

“Second-hand” software can be lawfully sold in most cases, the European Court of Justice has ruled.

Currently, business software, films, music, ebooks and other downloaded content is not sold but merely licensed to an individual user, which means the user cannot sell it on to anyone else.

Last week, however, the court held that the licensor’s rights were “exhausted” after the first sale. The case, UsedSoft v Oracle International: C-128/11, arose from a dispute between software manufacturer Oracle and software merchant UsedSoft, which bought and sold on “used” software licenses.

In order for the sale to be lawful, the vendor must delete their copy of the programme from their computer.

Robin Fry, partner at DAC Beachcroft, says: “The inevitable logic of the ECJ’s decision is that the licensing structure and controls set up by record companies, film studios, publishers and games publishers, as well as indeed software sellers, will be substantially undermined by, for the first time, a new legal market in ‘used’ content.

“Unlike second-hand books or CD-ROMs, where one is never quite sure of their condition, a downloaded digital file should not be corrupted and so consumers will readily shift to acquiring much of their entertainment content from friends and from eBay. There will also be a major opportunity for a new marketplace for this pre-owned content.”

Issue: 7522 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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