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Software ruling

12 July 2012
Issue: 7522 / Categories: Legal News
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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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Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

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Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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