EU Court rules on the resale of “used” computer programs in UsedSoft GmbH v. Oracle Intl. Corp. - .PDF file.
On 3 July 2012, the Court of Justice of the European Union released its much-anticipated ruling in UsedSoft GmbH v Oracle International Corp. Under EU law, the distribution right of a software copyrightholder is exhausted after the first authorised sale, so that a lawful acquirer is entitled to resell software. The court held that this right applies regardless of whether the software was originally distributed on a physical medium or as a download from the copyrightholder’s website.
Click on the link above to download this Cleary Gottlieb briefing.