The Potential Reach Of EU's First-Sale Doctrine

Law360, New York (August 14, 2012, 1:13 PM EDT) -- On July 3, 2012, the Court of Justice of the European Union (CJEU) ruled that a sale of a digital copy of software exhausted the copyright owner's exclusive distribution rights to the copy under Europe's first-sale doctrine.[1]

As a result, one who acquires a digital copy of software, whether by a perpetual license or title purchase and whether by disk or download, may now sell the copy to another without violating European copyright law.

Though software companies should be primarily concerned with adjusting to this development...
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