Exhaustion of rights in the download-to-own software market

In UsedSoft GmbH vs Oracle International Corp (C-128/11), the European Court of Justice (ECJ) ruled that the principle of ‘exhaustion of rights’ applies to the download-to-own (DTO) software market. In other words, where a vendor authorises the download of a copy of a software program and grants a perpetual licence in return for payment, the acquirer of the licence may sell that copy freely to a third party.

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