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Expert Analysis

EU Nintendo Ruling Puts UsedSoft Back In The PC Box

Law360, New York (February 6, 2014, 12:05 PM EST) -- There was excitement and consternation in roughly equal measure when the Court of Justice of the European Union ruled in UsedSoft v. Oracle that developers could not use copyright to prevent the resale of "secondhand" copies of software downloaded from the Internet. The court came tantalizingly close to finding that its reasoning applied to all types of downloads and not merely to computer programs, but ultimately stopped short of opening up lucrative markets for the sale of "used" music, videos and e-books. Just over a year later and perhaps more than a year wiser, however, the court has suggested that such a marketplace is not so imminent after all....

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