Slashdot reports: First-sale doctrine upheld for software by the EU Court of Justice

[Heiki "Repentinus" Ojasild]

Greetings,

http://yro.slashdot.org/story/12/07/03/1245200/used-software-can-be-sold-says-eu-court-of-justice?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Slashdot%2Fslashdot+%28Slashdot%29

Discuss.

Also, does someone have time to examine the decision? We might want a
press release acclaiming the decision, as such a decision seems to
have strengthened the people's right to share software.


Cheers,

[Otto Kekäläinen]

Hello!

There was a court case in Finland years ago where the court confirmed,
that it is legal to resell the OEM Windows that came with your
computer and that MS cannot deny this right from consumers.

Subsequently all new computers with OEM Windows started to be shipped
without installation media, so in practice it is hard to sell the OEM
Windows, as there is no tanglible CD to put on a table at a flee
market etc.

Sorry, can't find any link to it now..

Post by Heiki "Repentinus" Ojasild
Greetings,
http://yro.slashdot.org/story/12/07/03/1245200/used-software-can-be-sold-says-eu-court-of-justice?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Slashdot%2Fslashdot+%28Slashdot%29
Discuss.
Also, does someone have time to examine the decision? We might want a
press release acclaiming the decision, as such a decision seems to
have strengthened the people's right to share software.
Cheers,
--
Heiki "Repentinus" Ojasild
FSFE Fellow (en) / FSFE ?hinglane (et)
<repentinus at fsfe.org>
<https://wiki.fsfe.org/Fellows/repentinus>
<http://blogs.fsfe.org/repentinus/>
P.S. I hope all the recipients feel concerned about the decision, and
are the right people to consider the implications.
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[Sam Tuke]

Post by Otto Kekäläinen
Subsequently all new computers with OEM Windows started to be shipped
without installation media, so in practice it is hard to sell the OEM
Windows, as there is no tanglible CD to put on a table at a flee
market etc.

Presumably you can just (legally) re-sell the serial number? A friend of
mine just bought a copy of Win XP online as the computer repair shop
refused to fix his machine without one. The disk came sealed with a fake
hologram, the disk was blank, but the serial appeared valid. The repair
shop still wouldn't accept it, so he had to buy another one.

Pretty crazy. The law around resale is valuable information for the
public.

Best,

Sam.
--
Sam Tuke
British Team Coordinator
Free Software Foundation Europe
IM : samtuke at jabber.fsfe.org
Latest UK Free Software news: uk.fsfe.org
Is freedom important to you? Join the fellowship.fsfe.org
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[Carlo Piana]

It is not directly relevant to us, as it relates to sale of software in a proprietary setting.

Says that the exhaustion principle also applies when you download software and get the permission to use x copies in a separate transaction. This has always been my position, but many thought differently.

There is a bearing in the preinstalled software or oem licenses. You can sell the software separate from the device, provided that you stop using software on device. But it's very broadly connected and requires a lot of intermediate explanations.

Cheers

Carlo
--
Sent from my Android phone with K-9 Mail. Please excuse my brevity.

"Heiki "Repentinus" Ojasild" <repentinus at fsfe.org> wrote:

Greetings,

http://yro.slashdot.org/story/12/07/03/1245200/used-software-can-be-sold-says-eu-court-of-justice?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Slashdot%2Fslashdot+%28Slashdot%29

Discuss.

Also, does someone have time to examine the decision? We might want a
press release acclaiming the decision, as such a decision seems to
have strengthened the people's right to share software.


Cheers,
--
Heiki "Repentinus" Ojasild
FSFE Fellow (en) / FSFE ?hinglane (et)
<repentinus at fsfe.org>
<https://wiki.fsfe.org/Fellows/repentinus>;
<http://blogs.fsfe.org/repentinus/>;

P.S. I hope all the recipients feel concerned about the decision, and
are the right people to consider the implications.
_____________________________________________

FTF-Team mailing list
FTF-Team at fsfeurope.org
https://mail.fsfeurope.org/mailman/listinfo/ftf-team

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