decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
ECJ ruling | 474 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
ECJ press release
Authored by: Anonymous on Tuesday, July 03 2012 @ 12:45 PM EDT
http://curia.europa.eu/jcms/upload/docs/application/pdf/2012-07/cp120094en.pdf

[ Reply to This | Parent | # ]

ECJ ruling
Authored by: Anonymous on Tuesday, July 03 2012 @ 12:54 PM EDT
http://curia.europa.eu/juris/document/document.jsf?text=&docid=124564&pa
geIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=
5239048

[ Reply to This | Parent | # ]

ECJ ruling on first sale conflicts with US Case law
Authored by: Anonymous on Tuesday, July 03 2012 @ 08:56 PM EDT
The Vernor ruling by US courts in favour of Autodesk involved optical media distribution, not internet download, but nonetheless Autodesk won (on appeal to the ninth circuit) and in the US Oracle would have prevailed. The outcome of that US case seems to conflict with applicable ECJ rulings on first sale.

"By its judgment delivered today, the Court explains that the principle of exhaustion of the distribution right applies not only where the copyright older markets copies of his software on a material medium (CD-ROM or DVD) but also where he distributes them by means of downloads from his website.

Where the copyright holder makes available to his customer a copy – tangible or intangible – and at the same time concludes, in return form payment of a fee, a licence agreement granting the customer the right to use that copy for an unlimited period, that rightholder sells the copy to the customer and thus exhausts his exclusive distribution right."

I expect this to cause ructions at some point, because other US cases (like UMG v Augusto) aren't exactly on point (the material in that case was declared to be a gift under federal law).

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )