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Usedsoft v Oracle [2012, ECJ]

Facts

  • Non-exclusive licences were being re-sold by Usedsoft
  • These licences had been originally granted by Oracle and were for the use of Oracle’s software

Issue

  • Could licences be re-sold

Decision

  • Yes

Reasoning

  • Licensed software could be re-sold as a copy if the original was destroyed
  • This principle applies to both tangible goods and intangibles
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