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[5]: Great
by Alfman on Wed 4th Jul 2012 02:52 UTC in reply to "RE[4]: Great"
Alfman
Member since:
2011-01-28

WorknMan,

"If selling used software licenses was legal, I wouldn't have to worry about the copyright police busting me on torrent sites, nor would I have to worry about if the copy is clean"

I'm having trouble making sense of that. Your selling the software doesn't duplicate the license. You are required to hand over both the media and the license/keys/serial number/etc. If you keep anything after you've sold it, then your in violation of copyright. There's no loophole.

In any copyright case there must be an investigation as to who has legal possession of a license. Assuming the software was resold with proper sales documentation, then I don't really see the problem myself, the last recipient would have the documentation, receipt and transactions to prove possession.

Maybe your point is that tracking a software license is next to impossible if it doesn't include a serial number. True, but the problem still exists without involving any resale.

Maybe your point is that license ownership be falsified such that more than one person appears to be in possession of the serial number. True, but again the problem still exists without involving any resale.


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

Reply Parent Score: 3

RE[6]: Great
by WorknMan on Wed 4th Jul 2012 03:08 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

Reply Parent Score: 0

RE[7]: Great
by WereCatf on Wed 4th Jul 2012 03:14 in reply to "RE[6]: Great"
WereCatf Member since:
2006-02-15

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.


Nope, you'd be in breach of copyright law.

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.


No, that too would be a violation of copyright and marketing laws.

Reply Parent Score: 3

RE[7]: Great
by Alfman on Wed 4th Jul 2012 03:41 in reply to "RE[6]: Great"
Alfman Member since:
2011-01-28

WorknMan,


"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."

You didn't really answer the question to my satisfaction. What is different if you commit this fraud using new software or used software? You go on to say selling used software is illegal (I see used software on ebay though...?). How do you know that any of the software new or used isn't an infringing copy or hasn't been copied?

Reply Parent Score: 3

RE[7]: Great
by Slambert666 on Wed 4th Jul 2012 07:57 in reply to "RE[6]: Great"
Slambert666 Member since:
2008-10-30

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.


You seem to very confused about owning an item and owning the copyright to that item.

If I buy a book (with active copyrights) i can read it and sell it afterwards as used, or give it away as I see fit, I can also lend it to friends and family if I want to (fair use).
It does not mean I can publish the book either in print or digital formats or rent it out for money or for free, etc. (commercial use).

Reply Parent Score: 5

RE[7]: Great
by MyNameIsNot4Letter on Wed 4th Jul 2012 12:14 in reply to "RE[6]: Great"
MyNameIsNot4Letter Member since:
2011-01-09

OMG are people really this thick? DRM has nothing to do with copyright law, nor this ruling. It is not about how easily you could get busted. It is still illegal to sell something you do not own anymore. It is also illegal to maintain a copy of it after selling it, How likely you are to get caught has nothing to do with it.

Reply Parent Score: 2