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ARTICLE · 04 AUGUST 2012

Right To Resell Downloadable Software

Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
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Charles Russell Speechlys LLP

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Oracle bought proceedings against UsedSoft which markets second-hand software licences acquired from customers of Oracle. Oracle’s licence terms provide that its software is to be used exclusively for internal business purposes and is non-transferable.

United KingdomIntellectual Property
Mark Alsop
Mark Alsop

UsedSoft GmbH v Oracle International Corp, Case C-128/11

Oracle bought proceedings against UsedSoft which markets second-hand software licences acquired from customers of Oracle. Oracle's licence terms provide that its software is to be used exclusively for internal business purposes and is non-transferable. The software is obtained by download from the Oracle site. Under UsedSoft's scheme, those customers who do not yet have the software can download the software directly after acquiring a "used" licence from UsedSoft. Customers who already have the software can purchase from UsedSoft a further licence for additional users.

On a reference from the German courts, the ECJ held, in broad terms that:

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