The Court of Justice of the European Union (“ECJ”), on a referral from a German court, ruled that an author of computer software cannot prevent a resale of his 'used' licences allowing the use of his programs which were downloaded from the internet. According to the ECJ, the exclusive distribution right of a copy of a computer program covered by such a licence is exhausted on its first sale to a customer (UsedSoft GmbH v Oracle International Corp., (Case No. C-128/11)).

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