UsedSoft GmbH v. Oracle International Corp (Case C-128/11) - Sales of 'Used' Software and the Principle of Exhaustion

摘要

Classically, the sale of software involves the making available by the copyright holder of a copy of the software in question on a material medium such as a CD-ROM or DVD, ownership of which is subsequently transferred to the acquirer together with the grant of a licence entitling the customer to use the software in question. Under this model, the application of the principle of exhaustion of the copyright holder's distribution right is relatively straightforward: it is recognised that the copyright holder, by introducing a copy of the software for sale into a particular market, has exhausted his right to control the further distribution of that copy, whether through resale or further transfer, within the relevant market.