Usedsoft GmbH v Oracle International Corp – WLR Daily

Posted July 5th, 2012 in computer programs, copyright, EC law, law reports, licensing by sally

Usedsoft GmbH v Oracle International Corp (Case C-128/11); [2012] WLR (D) 192

“Article 4(2) of Parliament and Council Directive 2009/24/EC meant that the right of distribution of a copy of a computer program was exhausted if the copyright holder who had authorised, even free of charge, the downloading of that copy from the Internet onto a data carrier had also conferred, in return for payment of a fee intended to enable him to obtain a remuneration corresponding to the economic value of the copy of the work of which he was the proprietor, a right to use that copy for an unlimited period. In the event of the resale of a user licence, the second acquirer of the licence, as well as any subsequent acquirer of it, was able to rely on the exhaustion of the distribution right under article 4(2), and hence be regarded as lawful acquirers of a copy of a computer program within the meaning of article 5(1) and benefit from the right of reproduction provided for in that provision.”

WLR Daily, 3rd July 2012