Linked by Thom Holwerda on Tue 3rd Jul 2012 19:15 UTC, submitted by tupp
Legal In the Used Soft GmbH v. Oracle International Corp. case, the Court of Justice of the EU ruled today that it is okay to resell software, regardless of clauses in the software license. This is a pretty big deal, and further affirms that a software license is not necessarily binding. Great news for European consumers.
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RE: Great
by some1 on Tue 3rd Jul 2012 23:12 UTC in reply to "Great"
some1
Member since:
2010-10-05

Undeniably digital and physical goods are different. When you buy digital stuff you're not buying a copy (copying is essentially free), you're buying a license. Pirating isn't stealing, it's using unlicensed copies. Stealing would be to deprive the owner of his original.

Now for physical goods we have long established and boring laws, but for licenses we have all kinds of "innovations" going on. Companies think they can sell you various limited licenses, e.g. non-transferable. There isn't actually any reason why I couldn't sell my license. Sure, I could keep my copy too and continue using it, but that's just pirating. It's not any different from me not having any license from start. If I intend to stop using my copy it seems totally fair if I could sell my license for it.

Of course, software companies don't like this idea. This would create secondary market for software and drive prices down. One difference from physical goods is that used program isn't any bit inferior to a new copy of the same program. It doesn't sounds like the end of the world at all, there can be other incentives to by new copies, e.g. customer support, new versions etc. But allowing reselling is giving up some monopoly and profits, so naturally software companies don't want this.

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