European Court declares that the software used can be resold
For those who play video games, resell used software may sound like the most logical and normal world. However, practice does not seem obvious to all. Oracle, in fact, directly opposed to this practice and brought an action before a European court to prevent a German company resell its software licenses for databases. According to Oracle, everyone should buy a new license.
The Court disagreed, and ruled that copyright holders can not prevent the use and Resale license “used” [ PDF ]. The company sells software UsedSoft GmbH and licenses that are no longer used by their original owners. Not only sells licenses for Oracle, but Microsoft and Adobe, for which the judgment applies.
“Even if the license agreement prohibits the transfer, the copyright owner can not oppose the Sale of that copy,” said the court. It adds that, who sold his license, ensure that you can still use the program on your machine after selling it (logically).
Oracle responded by saying that the decision ignores the “value innovation” and intellectual property for the European economy. Customers also faced “unnecessary risk” by buying second-hand licenses, not knowing whether they were collected legally.
The sale of software used, however, is a cheaper way to legally access to programs that otherwise could not use many.
– An author of software can not oppose the resale of historical ‘used’ license programs Allowing the use of historical programs downloaded from the Internet [PDF]
– Oracle software license can not stop resales, EU Court says (Bloomberg)