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[6]: Great
by WorknMan on Wed 4th Jul 2012 03:08 UTC in reply to "RE[5]: Great"
WorknMan
Member since:
2005-11-13

Can you illustrate a specific example where the resale of software causes a copyright problem that's not otherwise a problem without resale?


Sure. As it stands now, I could buy a piece of software for $100, and sell to 20 different people for $10, and make myself a nice little $100 profit, while still being able to use the software. However, since selling used software is currently illegal in most places, I am limited as to where I can advertise it, plus if I am caught, I might end up with guys in black suits and ties knocking on my front door, wanting to ask me a few questions.

However, in the case where it was legal, I would be freely allowed to put ads up on Craigslist, Ebay, or anywhere else I wanted. When such an ad or auction goes up, nobody really knows if this is the first ttime I'm selling the license or the hundreth.

While its true that I could get busted if I got greedy and tried to sell the same license to a bunch of people and then somebody reported me, I could at least sell every piece of software I ever bought while keeping a backup for my own use, and get a little bit of my money back. Sure, while it's technically copyright violation, that hasn't exactly stopped people from pirating in the past, nor from buying software that they knew was illegal.

And why wouldn't I just torrent it in the first place? I already answered that question a post or two ago ;) If you really expect to be allowed to sell used software while having no DRM whatsoever, yeah.... good luck with that ;)

Edited 2012-07-04 03:11 UTC

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