The European Union's Court of Justice ruled today that software licenses may be resold.
By its judgment delivered today, the Court explains that the principle of exhaustion of the
distribution right applies not only where the copyright holder markets copies of his
software on a material medium (CD-ROM or DVD) but also where he distributes them by
means of downloads from his website.
Where the copyright holder makes available to his customer a copy – tangible or intangible
– and at the same time concludes, in return form 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.
The case concerned Oracle, which sued UsedSoft, a German company which bought and resold "used" software licenses which provided access to software downloads.
After years of speculation and wrangling over his remains, Kennewick Man turns out to be closely related to contemporary, local Native Americans after all. Discovered near Kennewick, Wash., in 1996, the skeleton ended up in a tug of war between tribes in the pacific northwest who wanted to bury the remains, and scientists who wanted […]
Yesterday, Esquire published this satirical column by @ProfJeffJarvis, a Fake Steve-style parody of journalism professor and media visionary Jeff Jarvis. The real Jarvis did what any self-respecting open-culture advocate would: he issued a vague legal threat and got it removed, thereby ensuring that something humorless and obscure was read by a far larger audience than […]
Bill Cosby’s attempt to avoid facing a sexual assault charge was ended Monday by a Pennsylvania appeals court. The entertainer, who claimed that an old deal with prosecutors not to charge him in the 2004 case should be honored, will now be criminally prosecuted. Cosby, 78, is facing trial over a 2004 encounter at his […]
Isn’t it about time to stretch what your Mac can do? I mean, you’ve got plenty of great programs now…but don’t you think you could use some new tools to get your creative, analytical and organizational juices really flowing? It’s spring, so we cleaned up a whole bunch of super-cool apps lying around and packaged […]
In the world of app development, there’s no greater arena to find success than with Android users. About 80% of the smartphones in use today worldwide operate on the Android operating system, so if you build a great app that Android users love, you’re an international rock star. You’ll be able to make sure your […]
Unless you’re a programmer or webmaster, the term SQL probably doesn’t mean much to you. But for those looking to understand more about how and why the web works the way that it does, know this – SQL and its process of managing and presenting large data sets is everywhere…and it’s the most in-demand programming […]