Judgment of the Court (Grand Chamber), 3 July 2012.#UsedSoft GmbH v Oracle International Corp.#Reference for a preliminary ruling from the Bundesgerichtshof.#Legal protection of computer programs — Marketing of used licences for computer programs downloaded from the internet — Directive 2009/24/EC — Articles 4(2) and 5(1) — Exhaustion of the distribution right — Concept of lawful

1. Case C-128/11. 2. UsedSoft GmbH. 3. v. 4. Oracle International Corp. 5 (Reference for a preliminary ruling from the Bundesgerichtshof) 6 (Legal protection of computer programs — Marketing of used licences for computer programs downloaded from the internet — Directive 2009/24/EC — Articles 4(2) and 5(1) — Exhaustion of the distribution right — Concept of lawful acquirer)

in 2012 [8] which is binding for Company A the verdict of the European Court of Justice (ECJ) in UsedSoft GmbH v. UsedSoft GmbH (UsedSoft) ran an online marketplace for 'pre-owned' software Oracle International Corp brought action against UsedSoft in the Munich Susen Software v SAP (LG Hamburg 315 449/12 25 October 2013)—SAP had 4 Jul 2012 According to the Judgment in Case C-128/11 UsedSoft GmbH v Oracle International Corp. ruling, “Where the copyright holder makes available 8 Apr 2021 The antitrust suit filed by ValueLicensing is alleging that the company lost 2012 decision in UsedSoft GmbH v Oracle International Corp. However, the ruling of the Grand Chamber of the Court of Justice of the European Union in C-128/11 UsedSoft GmbH v Oracle International Corp (<>link) has Grigoriadis in 'The distribution of software in the European. Union after the decision of the CJEU' "UsedSoft GmbH v.

Usedsoft gmbh v oracle international corp

Oracle International Corp. (Reference for a preliminary ruling from the Bundesgerichtshof) (Legal protection of computer programs — Marketing of used licences for computer programs downloaded from the internet — Directive 2009/24/EC — Articles 4(2) and 5(1) — Exhaustion of the distribution right — Concept of lawful However, the ruling of the Grand Chamber of the Court of Justice of the European Union in C-128/11 UsedSoft GmbH v Oracle International Corp (>link) has blown away these assumptions and has opened a second-hand market for sales of used software. The Court of Justice of the European Union is the highest court in the European Union. European Union (ECJ) issued its decision on UsedSoft GmbH v Oracle International Corp.5 The decision declared that those who download large-scale, enterprise-wide commercial software in fact own it, and thus its author’s distribution right under the Software Directive is “exhausted”.6 Many commentators welcomed the decision as Axel W. Bierbach, administrator of UsedSoft GmbH. v.

it is worth referring back to the 2012 EUJC case UsedSoft GmbH v Oracle · International Corp which found it permissible to resell a used software licence.

The legal dispute between Oracle and UsedSoft revolved around the question whether “used” software licences may be sold to third parties, a long-time controversial legal issue. Many such licences concerned digitally distributed software, i.e. software not distributed on physical media such as DVDs, but as mere licence keys enabling customers to download it from the server of the respective Case C‑128/11.

3 Jul 2012 Customers of software resellers such as UsedSoft who buy an updated user licence may download the software from the copyright owner's

I beslutet från Quality King Distributors, Inc. v. L'anza 2924–2927; Yin Harn Lee, UsedSoft GmbH mot Oracle International Corp (mål UsedSoft GmbH v Oracle International Corp., C-128/11, July 3, 2012 (ECJ) (digital distribution, exhaustion) (Legal protection of computer programs — Marketing of used licences for computer programs downloaded from the internet — Directive 2009/24/EC — Articles 4 (2) and 5 (1) — Exhaustion of the distribution right — Concept of lawful acquirer) REFERENCE for a preliminary ruling under Article 267 TFEU from the Bundesgerichtshof (Germany), made by decision of 3 February 2011 2 The questions were referred in proceedings between UsedSoft GmbH, represented by Axel W. Bierbach, acting as administrator of that company, 4 and Oracle International Corp. 5 following UsedSoft’s marketing of ‘used’ Oracle software.

UsedSoft GmbH v. Oracle International Corp. (Reference for a preliminary ruling from the Bundesgerichtshof). (Legal protection of computer 3 Nov 2014 Abstract: In UsedSoft GmbH v. Oracle International Corporation, the Court of.
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GmbH v. Oracle International Corp.

Oracle International Corp. Other Titles USEDSOFT GMBH v ORACLE INTERNATIONAL. CORP. COURT OF JUSTICE OF THE EUROPEAN UNION (GRAND CHAMBER)1.
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A recent European Court of Justice (ECJ) ruling has opened the way for the sale of "second-hand software" across Europe (UsedSoft GmbH v Oracle International Corp, C-128/11). The ECJ held that the principle of exhaustion of rights (under Article 4(2) of the Software Directive ( 2009/24/EC )) applies to software sales, including the distribution via download from the internet ( see box

The Court of Justice of the European Union (the “EU”) 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 authorized sale, so that a lawful acquirer is entitled to resell software. UsedSoft GmbH v Oracle International Corp.

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UsedSoft GmbH v Oracle International Corp., C-128/11, July 3, 2012 (ECJ) (digital distribution, exhaustion) (Legal protection of computer programs — Marketing of used licences for computer programs downloaded from the internet — Directive 2009/24/EC — Articles 4 (2) and 5 (1) — Exhaustion of the distribution right — Concept of lawful acquirer) REFERENCE for a preliminary ruling under Article 267 TFEU from the Bundesgerichtshof (Germany), made by decision of 3 February 2011

(‘Oracle’) concerning the marketing by UsedSoft of used licences for Oracle computer programs. Legal context International law UsedSoft GmbH v Oracle International Corp. An author of software cannot oppose the resale of his ‘used’ licences allowing the use of his programs downloaded from the internet The exclusive right of distribution of a copy of a computer program covered by such a licence is exhausted on its first sale UsedSoft GmbH v Oracle International Corp. Reference for a preliminary ruling from the Bundesgerichtshof. Legal protection of computer programs — Marketing of used licences for computer programs downloaded from the internet — Directive 2009/24/EC — Articles 4(2) and 5(1) — Exhaustion of the distribution right — Concept of lawful acquirer 1. Case C-128/11. 2.