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Added by Gauss on 4.07.2012 |
Also, validates pre-owned games sales.
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The European Court of Justice has ruled that gamers are free to resell digital games/software and also says that the practice of selling pre-owned software is legitimate.
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That's right, the Court of Justice of the European Union has ruled that you are allowed to resell your digital games and software, and publishers are legally unable to stop people from doing that.
According to them “such a transaction involves a transfer of the right of ownership of the copy.”
They also ruled that the sale of pre-owned software is a legitimate practice.
“Under that directive, the first sale in the EU of a copy of a computer program by the copyright holder or with his consent exhausts the right of distribution of that copy in the EU,” it added.
“A rightholder who has marketed a copy in the territory of a Member State of the EU thus loses the right to rely on his monopoly of exploitation in order to oppose the resale of that copy.”
[...]
“The principle of exhaustion of the distribution right applies not only where the copyright holder 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,” the ruling continues.
“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.
“Such a transaction involves a transfer of the right of ownership of the copy. Therefore, even if the licence agreement prohibits a further transfer, the rightholder can no longer oppose the resale of that copy.”
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Apparently, this ruling comes as part of a dispute between Oracle and UsedSoft in the German courts.
So, there you go. Big stuff in here for people who live in Europe!
Check out the ruling in more detail in the links below!
Maxconsole:
Everything you need to know about gaming since 1995 |
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Click to enlarge to original size
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EuroGamer
EU rules publishers cannot stop you reselling your downloaded games
Click here to visit link
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MCV UK
European Court rules that pre-owned games are legal challenges DRM
Click here to visit link
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