Cleary Gottlieb

International Top 30 position: 13
International 50 position (Asia-Pacific): =40

EU Court rules on resale of 'used' computer programs

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.

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