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.

Reply Parent Score: 5

RE[2]: Great
by WorknMan on Wed 4th Jul 2012 00:27 in reply to "RE: Great"
WorknMan Member since:
2005-11-13

If I intend to stop using my copy it seems totally fair if I could sell my license for it.


Except that there's really no way to force you to stop using it, aside from some invasive DRM. Honestly, I wouldn't blame developers for being against this. Otherwise, I could just go buy the latest version of Photoshop, make myself a copy, sell the original on Ebay, and keep using the copy I made. Heck, if I bought a digital copy, I could sell it to hundreds of people for $20 a piece and make myself a nice bit of cash ;)

Only thing stopping me is whatever DRM they have built into the product.

Edited 2012-07-04 00:27 UTC

Reply Parent Score: 1

RE[3]: Great
by some1 on Wed 4th Jul 2012 00:39 in reply to "RE[2]: Great"
some1 Member since:
2010-10-05

Otherwise, I could just go buy the latest version of Photoshop, make myself a copy, sell the original on Ebay, and keep using the copy I made.

Why would you bother with buying and reselling if you can just download the copy from torents for free and much faster? That wouldn't be any less legal.
If the software has any kind of copy protection the same protection can be used to make sure you're not using your copy after you've sold the license.

Reply Parent Score: 4

RE[3]: Great
by WereCatf on Wed 4th Jul 2012 02:23 in reply to "RE[2]: Great"
WereCatf Member since:
2006-02-15

Otherwise, I could just go buy the latest version of Photoshop, make myself a copy, sell the original on Ebay, and keep using the copy I made.


That would be illegal and if you got caught you'd be liable for criminal charges.

Reply Parent Score: 3

RE[3]: Great
by Lorin on Wed 4th Jul 2012 05:57 in reply to "RE[2]: Great"
Lorin Member since:
2010-04-06

Already being done on Warezstore, they provide copies under the premise that you are already licensed but only buying it as an archived copy or to replace lost software.

Of course as it comes with the keys or other unlock tools that kind of rips that defense.

Reply Parent Score: 1

RE[3]: Great
by Soulbender on Wed 4th Jul 2012 06:15 in reply to "RE[2]: Great"
Soulbender Member since:
2005-08-18

Except that there's really no way to force you to stop using it, aside from some invasive DRM.


There's no way to stop me from ripping my CD's to flac and then selling my collection yet it's not illegal for me to sell my old CD's. There's no way to stop me from photocopying my books and then selling them yet it's not illegal for me to sell the books I own.

Honestly, I wouldn't blame developers for being against this.


That's besides the point. I'm sure book publishers would love it if it was illegal to sell old books so that everyone had to buy new books all the time but that doesn't mean we should implement such a law.

Heck, if I bought a digital copy, I could sell it to hundreds of people for $20 a piece and make myself a nice bit of cash


You can do that regardless if it's legal to sell your old software or not. Making it legal to sell your own copy does not make copyright infringement legal.

Only thing stopping me is whatever DRM they have built into the product.


That's what they have to do then but it should not be illegal for me to sell my old software.

Reply Parent Score: 5