Mayer Brown

International Top 30 position: 6
International 50 position (Asia-Pacific): 8

When is a software licence transferable even if it says it’s non-transferable?

Software companies cannot prevent the sale of “second-hand” software licences, where those licences are for a one-off fee and an unlimited period. Clauses in these licences stating that they are non-transferable will not be enforceable. This is the effect of a recent judgment by the Court of Justice of the European Union in the case of UsedSoft GmbH v Oracle International Corp. (3 July 2012).

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Overview

201 Bishopsgate
London
EC2M 3UG
UK

Firmwide revenue 2011 ($m): 2,313
Total lawyers: 1,523
No. of lawyers: 234
Offices: 8
Jurisdiction: US
No. of offices: 8
No. of qualified lawyers: 309