Case Law, Distribution (right of), Exceptions and Limitations, Exhaustion, Making available (right of), Transfer (of right)
UsedSoft, Federal Court of Justice, (Bundesgerichtshof), 3 February 2011
The question, whether software licences for computer programs that were purchased in an intangible form (via download from the sellers’ server) can be resold by the first acquirer and used by the second buyer without consent of the right holder, has to be interpreted in light of the computer program directive 2009/24/EG. A full summary…