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EU court: Sale of used software licenses is just fine

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posted on Jul, 4 2012 @ 07:57 PM
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EU court: Sale of used software licenses is just fine


news.cnet.com

The European Union's Court of Justice has reportedly crushed Oracle's hope of stopping a company from reselling its used software.

The Luxembourg-based court today ruled in favor of German company UsedSoft, which sells used software licenses. The court said that once a software company sells "a copy of a computer program," its "exclusive right of distribution" is eliminated, paving the way for other companies to sell the used licenses, according to The Wall Street Journal, which obtained a copy of the ruling. The rule applies to both physical media and copies of the software download
(visit the link for the full news article)


Related News Links:
www.stuff.co.nz




posted on Jul, 4 2012 @ 07:57 PM
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A blast of common sense from the Europeans (for a change??
)

such a sale is legal only as long as you remove all copies from your own equipment, or othersie disable them so they cannot be used - which makes perfect sense. Effectively it treats software as much the same as books - once you have purchased a book you can onsell it at your pleasure - but when you do so you no longer have it yourself (illegal copies excepted).

news.cnet.com
(visit the link for the full news article)



posted on Jul, 4 2012 @ 08:17 PM
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Interesting, i wonder how that would work if someone had bought a second hand game only to find that the person who sold it was banned for cheating and the game was no longer usable.

This happened to me once when i bought a game at a computer shop. I didnt even know the game was second hand, i thought it was cheap in a sale until i tried to go online with it.



posted on Jul, 4 2012 @ 08:23 PM
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reply to post by PhoenixOD
 


In that case I reckon you'd have the right to a refund - I think the seller would be liable for your cost.

Of course that may not be practical, but if you had bought it at a store you'd probably have a good chance.



posted on Jul, 4 2012 @ 08:27 PM
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reply to post by Aloysius the Gaul
 


I did managed to get my money back off the store after so heated arguing. But i wonder if you could force the software company to give you a new key code or unlock the ban?

If a person gets banned from driving and then sells their car then the person who buys it is not banned also.



posted on Jul, 4 2012 @ 08:34 PM
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reply to post by PhoenixOD
 


You probably could not force the software company to validate the licence - you do not actually have a commercial relationship with them.

You could certainly ask the software company to vaidate the liceense......but they might not be under any obligatino to do so, and if they were, orif they chose to then I expect you'd have to prvide sworn statements as to you not being the banned person or so mething along those lines.

The car analogy is a good one - however each product has its own characteristics, and disabling a software license is something that can be done that is not applicable in the case of a car.



posted on Jul, 4 2012 @ 08:36 PM
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how do you insure it was removed from the original owners equipment ?

this will probably just drive up the price of software

and the used stuff just sounds dangerous, like it may have viruses or other nasty things



posted on Jul, 4 2012 @ 08:50 PM
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reply to post by syrinx high priest
 


Pretty sure it isn't possible to add stuff to finalized burned CD's and DVD's like software. The seller could easily keep on using it, as long as the machine that is using it is not connected to the net in any way.



posted on Jul, 4 2012 @ 08:52 PM
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Originally posted by syrinx high priest
how do you insure it was removed from the original owners equipment ?


any way you can agree, or not at all - just like you would with a book and photo- or scanned copies of it.

If it is not done then as I read it the illegality is with the person who sells it to you - not you.


this will probably just drive up the price of software


Possibly.


and the used stuff just sounds dangerous, like it may have viruses or other nasty things


Depends - the ruling is abourt licenses to operate downloaded software - essentially the key-code. If you can download from the original site and then activate using a legal license then there is no more reason to worry about dodgy software than for the 1st iteration of that license.


edit on 4-7-2012 by Aloysius the Gaul because: (no reason given)



posted on Jul, 4 2012 @ 11:13 PM
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Originally posted by PhoenixOD
reply to post by Aloysius the Gaul
 


I did managed to get my money back off the store after so heated arguing. But i wonder if you could force the software company to give you a new key code or unlock the ban?

If a person gets banned from driving and then sells their car then the person who buys it is not banned also.


Ha, there is more chance of getting a hen to pull it's own imaginary teeth out than getting a replacement cd-key from a software company. Activision make that point clear as day if you try to get them to replace your key if it's one you've purchased legitimately but it has been banned.

They basically say Tough crapola, buy a new copy of the game..

I used to fix up old computers for a company, and they didn't follow any procedures to remove old copies of windows, office, etc etc, despite me advising them that if they get caught giving away computers with copies of that software, while they retained the originals and reinstalled them on the new computers, they'd be in trouble.

They didn't give a toss.. funny thing too, they were a christian organisation that helped the elderly remain independent and were non-profit.

And when I used to work in a large government company installing such software and all the fun with registrations, tying each computer with a specific set of software with asset #'s and purchase dates, we had to bend over backwards to make sure everything was in order. Big government company was scared of it. Little one, not so. Still..

God I don't miss those days, I hate bureaucracy...



posted on Jul, 4 2012 @ 11:16 PM
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reply to post by TKDRL
 


I dunno, I still have a copy of windows XP that I was using in my SOE kit in 2000, which installs fine on my second box (not used to much, just spare if this one goes down, or a torrent box) and it's had the same cd key that was legitimate at the place I worked, and has never complained once.

Well, I can't remember the last time I did any online updates with it, it's already been streamlined to sp3 so I don't bother, but it's on the net and active.



posted on Jul, 5 2012 @ 03:22 AM
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Intresting, but its not just second hand stuff that that can be full of nasties, I not so long ago got a brand new laptop never used. The laptop was brand new and everything in its pack, after setting it up i installed top end anti virus softwear and guss what, the laptop has spy wear installed in it. Remember this laptop was strate from the maker.



posted on Jul, 5 2012 @ 07:56 AM
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Originally posted by imod02
Intresting, but its not just second hand stuff that that can be full of nasties, I not so long ago got a brand new laptop never used. The laptop was brand new and everything in its pack, after setting it up i installed top end anti virus softwear and guss what, the laptop has spy wear installed in it. Remember this laptop was strate from the maker.



And you are surprised you had junkware on your laptop?

Most of new hardware comes with tons of junkware, and it was old practice in IT to reinstall ONLY OS after getting new equipments, as it takes less time then to remove all junk hardware comes with.

This ruling is important for future of sofware, but wonder if we will see anything like this in USA.
edit on 5-7-2012 by SuperFrog because: (no reason given)



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