Current issues of selling second-hand software

Vol.5,No.10(2014)

Abstract

The article deals with the right to sale aused licenses which has been established according to the principle of exhaustion of the distribution rights developed bythe Court of Justice of the European Union in the case UsedSoft v. Oracle. The following German jurisprudence represented by the judgements of the Bundesgerichtshof and lower courts tackle some unresolved legal questions including but not limited the construction of the use rights of the second acquirer, intended purpose of the original license, splitting of license package, burden of proof with regard to making unusable of acopies and also related questions regarding maintenance agreements. Unlike Court of Justice the U.S. courts considering the first-sale doctrine ruled that the exhaustion principle doesn‘t apply to softwareproducts. Finally, the article briefly comments possible impacts on further products such as e-Books or e-Music.


Keywords:
software; exhaustion of the distribution rights to computer program; sale of usedlicenses; UsedSoft; first-sale doctrine

Pages:
3
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