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Authored by: Anonymous on Tuesday, July 03 2012 @ 12:45 PM EDT |
http://curia.europa.eu/jcms/upload/docs/application/pdf/2012-07/cp120094en.pdf [ Reply to This | Parent | # ]
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Authored by: Anonymous on Tuesday, July 03 2012 @ 12:54 PM EDT |
http://curia.europa.eu/juris/document/document.jsf?text=&docid=124564&pa
geIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=
5239048[ Reply to This | Parent | # ]
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Authored by: Anonymous on Tuesday, July 03 2012 @ 08:56 PM EDT |
The Vernor ruling by US courts in favour of Autodesk involved optical
media distribution, not internet download, but nonetheless Autodesk won (on
appeal to the ninth circuit) and in the US Oracle would have prevailed. The
outcome of that US case seems to conflict with applicable ECJ rulings on first
sale.
"By its judgment delivered today, the Court
explains that the principle of exhaustion of the distribution right applies not
only where the copyright older 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."
I expect this to cause ructions at some point, because
other US cases (like UMG v Augusto) aren't exactly on point (the material
in that case was declared to be a gift under federal law). [ Reply to This | Parent | # ]
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