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EU rules 2nd-hand software license sales legal

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EU rules 2nd-hand software license sales legal

Postby jc_gargma » Tue Jul 03, 2012 7:49 pm

The Court of Justice of the European Union has ruled that the reselling of software licenses can no longer be prohibited by the included EULA, even if the EULA forbids such a resale.
Its ruling specified that the reseller cannot have any copies or files related to the sold software (you have to sell everything, no keeping a backup, obviously.)
For cases of multiple sub-licenses under the same license (such as buying 5 computer uses of the same Anti-Virus Key,) all sub-licenses must be transferred.
The copyright holder of the software is required to honor this resale, by extending all access to that software/license on their site to the new owner. (Ex, buy a game off the PSN, decide later to sell it to a friend, then Sony must allow that new owner to access it with full rights as though they had been the original purchaser.)
All purchased software in the EU, whether digital or physical, is included under this ruling, and it applies retroactively to all previously obtained content.
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Last edited by jc_gargma on Wed Jul 04, 2012 4:41 am, edited 3 times in total.
Reason: Clarified Ruling
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Re: EU rules 2nd-hand software license sales legal

Postby Casavult » Tue Jul 03, 2012 8:54 pm

Is this including the UK? I mean, does this also apply to residents of the UK?
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Re: EU rules 2nd-hand software license sales legal

Postby jc_gargma » Wed Jul 04, 2012 4:24 am

Casavult wrote:Is this including the UK? I mean, does this also apply to residents of the UK?
This applies to all member states of the EU, which to my understanding, the UK is a member.
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Re: EU rules 2nd-hand software license sales legal

Postby Harakiri_Robot12 » Wed Jul 04, 2012 4:44 am

Casavult wrote:Is this including the UK? I mean, does this also apply to residents of the UK?



^_^ yes it does apply to the UK region.

Sadly not in the US region :'(
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Re: EU rules 2nd-hand software license sales legal

Postby JJS » Wed Jul 04, 2012 6:04 am

I wonder how this will affect Steam. Currently you cannot sell parts of your account because it is just not technically possible and selling your whole account is prohibited by the license agreement.
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Re: EU rules 2nd-hand software license sales legal

Postby jc_gargma » Wed Jul 04, 2012 6:12 am

JJS wrote:I wonder how this will affect Steam. Currently you cannot sell parts of your account because it is just not technically possible and selling your whole account is prohibited by the license agreement.
I wonder this as well, as the PSN has the same design fault (and most likely all other digital distribution platforms.) Since digital content never intended to be transferable, they currently have no way to abide by this ruling.
I'm curious if this will force them to rework their systems, or, be more extreme and simply pull out all support in the EU.
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Re: EU rules 2nd-hand software license sales legal

Postby jd20dog » Wed Jul 11, 2012 12:15 am

interestingly funny
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Re: EU rules 2nd-hand software license sales legal

Postby waratte » Wed Jul 11, 2012 4:37 pm

funnily interesting
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