Oracle v. Usedsoft – ECJ Landmark Case on Software Licences

Yesterday, the European Court of Justice (ECJ)  rendered a landmark decision in Oracle v. Usedsoft on the sale of used software licenses. Granted, it is a substantive judgment in an IT matter and you might ask why it is covered in this blog – well, it originated in the German courts, and the referring court was the Federal Supreme Court (Bundesgerichtshof).  And I view it as yet another illustration of Germany’s popularity for international IP disputes. The question before the ECJ was whether purchasers could resell, without limitation in time, licensed software even if purchased via download. Yes, said the ECJ. Continue reading

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