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.
Some day, you may be the defendant in a criminal trial that turns on whether the software in a forensic device reached a reliable conclusion about a DNA test or other piece of evidence. Wouldn’t you like to have your own experts check the source code on that device?
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SitePoint Premium is the ultimate e-learning library for web developers, designers, and digital professionals. Famous for their web development books written by industry leaders, they’ve expanded their content library to include in-depth video courses and short, handy screencasts partnering with A Book Apart and UX Mastery. Whatever you want to achieve in your web career, […]