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Old 09-14-2013, 09:19 AM   #156
doctorow
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Quote:
Originally Posted by samy2 View Post
Even the European Court of Justice decided about if its legal to resell used computer programs. In the news is often spoken about "used software" but actual the Court just spoke about computer programs.
I think you may be referring to the Oracle versus UsedSoft lawsuit from last year. The European Court of Justice determined that downloaded software could be resold just like software on physical media can, thus shredding the distinction between software and license sales.

Verdict: Legal protection of computer programs – Marketing of used licences for computer programs downloaded from the internet

Press release: An author of software cannot oppose the resale of his ‘used’ licences allowing the use of his programs downloaded from the internet

Quote:
Where the copyright holder makes available to his customer a copy — tangible or intangible — and at the same time concludes, in return [for] payment of a fee, a licence agreement granting the customer the right to use that copy for an unlimited period, that rightholder sells the copy to the customer and thus exhausts his exclusive distribution right. Such a transaction involves a transfer of the right of ownership of the copy.

Therefore, even if the licence agreement prohibits a further transfer, the rightholder can no longer oppose the resale of that copy.
The verdict applies to the whole of the software industry operating within the EU.

I understand eBook != software, but I am curious, based on the same reasoning, as to the possibility of applying the same verdict to eBooks.
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