SMPFR

HOW DO LICENSES HAVE A LOW PRICE?

they are used and disused retail licenses from the previous owner in accordance with ECJ C-128/2011 ruling, it is possible to purchase them from us at the best price on the market.

The CJEU held in case C-128/11 (UsedSoft v. Oracle) that, under certain conditions, a licensed computer program downloaded from the internet shall be considered to have been sold and consequently the distribution right exhausted. This means that the rightholder cannot prevent the buyer from reselling a downloadable copy of a computer program. The situation is therefore the same as when software is sold on a tangible medium. The CJEU in UsedSoft held that the term “sale” must be interpreted on an EU level, and concluded that a sale “is an agreement by which a person, in return for payment, transfers to another person his rights of ownership in an item of tangible or intangible property belonging to him”. This therefore includes the scenario where a consumer buys second-hand software online and downloads it from the internet. From a copyright perspective, downloading is an act that technically involves an act of reproduction and therefore de facto requires authorisation according to Art. 4 of the Computer Program Directive. Moreover, the CJEU underlined in UsedSoft that “the downloading of a copy of a computer program and the conclusion of a user licence agreement for that copy form an indivisible whole” and in a legal context those “two operations must therefore be examined as a whole for the purposes of their legal classification”. Since consumers were offered (1) a non-exclusive and non-transferable user right, (2) for an unlimited period and (3) for remuneration, according to the Court this constituted a first sale of a copy within the meaning of Art. 4(2) of the Computer Program Directive. The CJEU conclusion was therefore that the method of delivery is irrelevant and the exhaustion of the distribution right of copies of computer programs under the Directive applied to both tangible and intangible copies of software.

However, when a computer program is stored on a non-original medium, such as a new CD-ROM or a DVD-ROM, the lawful acquirer of the copy of the computer program may not resell this reproduced copy to a third party – this is according to the Ranks/Microsoft case recently delivered by the CJEU. This means that a person may not resell the computer program when stored on a new medium (for example a back-up copy) – only the original tangible copy benefits from the rule of exhaustion of the right of distribution (cf. Art. 4(c) and Art. 5(1)-(2) of the Computer Program Directive). It is irrelevant if the original tangible medium on which the copy was initially delivered has been destroyed, damaged or lost. The CJEU justified this on the ground that an exception to the exclusive reproduction right must be interpreted strictly and, according to Art. 5(2) of the Computer Program Directive, a back-up copy may only be made and used to meet the sole needs of the person having the right to use the program, and not for any other reason.

In conclusion, the CJEU case law confirms that original media and unlimited user licences for computer programs are fine to resell.

Ryu_wm a écrit : ↑ven. 20 sept. 2024 09:16
ce jour, visite d'une société de phyto épuration, vais voir ce qu'il est possible de faire (réellement) en aides au financement.

dsebire a écrit : ↑jeu. 26 sept. 2024 20:38 mais j'ai entendu beaucoup de bien de rustdesk.
pas exclu que je teste et bascule dessus d'ici la fin de l'année.