Court of Justice Rules that First Sale Doctrine Applies to Software Downloads

On July 3, the Court of Justice of the European Union in UsedSoft GmbH v. Oracle International Corp. held that a licensor of software made available for download over the Internet may not prevent the resale of perpetual licenses by its licensees. The Court based its holding on a conclusion that a licensor’s exclusive right of distribution of a copy of a software program is exhausted when the licensor first makes that copy available on a perpetual basis in exchange for a fee.

For a more in-depth analysis of this case, click here.

This post was authored by Founders Workbench.



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