Used Software Can Be Sold, Says EU Court of Justice

Sique writes "An author of software cannot oppose the resale of his 'used' licenses 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 license is exhausted on its first sale. This was decided [Tuesday] (PDF) by the Court of Justice of the European Union in a case of Used Soft GmbH v. Oracle International Corp.."

Comments

Absolutely amazed by this decision

[RoverDaddy]

This has enormous implications. I just wonder how many threats to 'take their ball and go home' will ensue, followed by threads of 'I'm getting my dad (the US government)'.

Re:Absolutely amazed by this decision

[AmiMoJo]

Game developers already have a solution. Make the game require internet access with a single use code. You can sell the game but it is worthless without a new code.

Similarly you can be the next version of RandomApp Pro 2013 will require online activation tied to your email address and with no way to change or update it.

Re:Absolutely amazed by this decision

[aztracker1]

Oh, you mean like video rentals? guess you don't do that either...

Well of Course

[jasper160]

Why not? I can re-sell my car, books, records, and cassettes. Software should be no different.

Re:Well of Course

[w.hamra1987]

well... because software is not a physical object like cars, books and records... you can not "own" it in the sense of ownership you do to physical object... but wait... all the stupid *intellectual property* laws enforced in the last few decades... claimed IP can be owned like physical property... hmm... someone is struggling with basic logic in the capitalism and mass theft department...

Re:Well of Course

[mrchaotica]

The argument is naturally is that you own the book but you are only licensed to use the software. Still this ruling will annoy a lot of US Companies.

That argument is bullshit and always has been. It's nice to see a court (albeit European) finally recognize it for once!

Re:So what about the stores?

[TFAFalcon]

What does that have to do with it? This ruling is about people being allowed to sell software copies they own to other people, not forcing stores to buy those copies.

Re:Diablo 3 refunds?

[Colonel Korn]

I hope so... I know it won't happen in the US.... Which actually says a lot. As Americans we are used to getting what we paid for. If something sucks, we're entitled to our money back.

No refunds in the US, but you can still sell it. I've made a separate Bliz account for each of their recent products and sold the account when I'm done with it. For their two most recent games, "done" came two days after purchase.

AutoDesk will be pissed

[Overzeetop]

They have fought tooth and nail to keep their "software as a revocable license" model so that they can continue to extort huge sums of money from the industries they service. I expect them to throw their resources at legislative change to "fix" this European problem.