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Old 07-03-2012, 04:48 PM   #1
Ekaros
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Court of Justice of the EU: Digital software licences resalable

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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
http://curia.europa.eu/jcms/upload/d...cp120094en.pdf


So basicly now software bought on line can be resold. Can't say if this will apply to other media, but selling your books might be possible in the future... Not sure how this can realy work out for larger services, but atleast it's a start...
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Old 07-03-2012, 04:55 PM   #2
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Immediate impact would be on Steam and other software distribution platforms, but there would seem to be a logical extension to other digital goods.
That brings in music bought from Apple, books bought from Amazon, a massive amount of digital items.

Edit: Of course it doesn't say that they have to help you transfer your licence, or even that they can't implement technological solutions to make it difficult for you to do so, just that it is possible to legally transfer a license.

Last edited by murraypaul; 07-03-2012 at 05:03 PM.
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Old 07-03-2012, 05:05 PM   #3
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When I think about a few things where this could work now is stuff like Windows(OS) and other software which isn't tied to any service. So basically I could resell my Windows 7. Not sure if limitations of upgrade and student version apply still...
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Old 07-03-2012, 08:05 PM   #4
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Sounds perfectly reasonable. If I'm allowed to sell all my other, physical stuff, why shouldn't I be able to sell my software too?
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Old 07-03-2012, 08:25 PM   #5
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Now all we need is some kind of reciprocity over here in the US.
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Old 07-03-2012, 08:35 PM   #6
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Quote:
Originally Posted by teh603 View Post
Now all we need is some kind of reciprocity over here in the US.
Teh I'm guessing that if your purchase was of 'items' from countries where it was lawful, then your purchase is lawful irrespective of your home country's laws.

Unless there are laws in your country which prohibit your purchase of the 'items' from another country.

I'm sure there are others on this forum that will know for sure .....
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Old 07-03-2012, 10:57 PM   #7
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Have ebooks appeared yet on Ebay UK? Those not from public domain?
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Old 07-03-2012, 11:48 PM   #8
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Quote:
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Have ebooks appeared yet on Ebay UK? Those not from public domain?
Interesting point!
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Old 07-04-2012, 12:10 AM   #9
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Ooops .... posted in wrong thread .....

Last edited by Lynx-lynx; 07-04-2012 at 12:25 AM.
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Old 07-04-2012, 03:40 AM   #10
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Quote:
Originally Posted by Ekaros View Post
So basicly now software bought on line can be resold. Can't say if this will apply to other media, but selling your books might be possible in the future... Not sure how this can realy work out for larger services, but atleast it's a start...
Took me a bit of time to read it through, but I am pretty sure that indeed it also allows the resale of eBooks, or resale of the licence. That last part is the key issue, since publishers interpret their terms as licencing of eBooks instead of sale.
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Old 07-04-2012, 03:58 AM   #11
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Took me a bit of time to read it through, but I am pretty sure that indeed it also allows the resale of eBooks, or resale of the licence. That last part is the key issue, since publishers interpret their terms as licencing of eBooks instead of sale.
One nuance though is that it only allows the transfer of a complete license, not of a partial one.
When you buy books from Amazon, is each one an independent license, or is there one master license for your account?
I imagine there is a lot of activity in legal departments working on that right now.
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Old 07-04-2012, 06:10 AM   #12
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Quote:
Originally Posted by murraypaul View Post
One nuance though is that it only allows the transfer of a complete license, not of a partial one.
When you buy books from Amazon, is each one an independent license, or is there one master license for your account?
I'd have to look careful at the Amazon licences again -- I have the impression they are separate licences for each title. That is impression is partially based on the fact that there's different licences (number of devices allowed for a book, etc.) for different eBooks/publishers.
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Old 07-04-2012, 06:19 AM   #13
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Yesterday I bought an ebook from Borders Australia. Here is an excerpt of the Copyright info on the last page of the ebook:

PLEASE NOTE THAT THIS INFO DOES NOT REFLECT THAT THE AUTHOR HAS COPYRIGHT IN AUSTRALIA - IT IS MERELY THE INFO THAT CAME WITH THE EBOOK
---------------------
'All rights reserved
© Edward Wilson, 2008

The right of Edward Wilson to be identified as author of this work has been asserted in accordance with Section 77 of the Copyright, Designs and Patents Act 1988

This ebook is copyright material and must not be copied, reproduced, transferred, distributed, leased, licensed or publicly performed or used in any way except as specifically permitted in writing by the publishers, as allowed under the terms and conditions under which it was purchased or as strictly permitted by applicable copyright law.

Any unauthorised distribution or use of this text may be a direct infringement of the author’s and publisher’s rights, and those responsible may be liable in law accordingly'
-----------------------

Wondering if I'd bought this from an EU covered country if it fits within the application of the judgement under discussion, and therefore able to be sold on.

Pure speculation by me ..... others may also like to speculate on this example .....

Last edited by Lynx-lynx; 07-04-2012 at 07:33 PM. Reason: To add the Please Note
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