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 Post subject: Used software (hardware) - EU high court
PostPosted: April 26th, 2012, 1:17 
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Joined: September 2nd, 2008, 12:14
Posts: 446
Location: Austria / Europe
An official information from the general attorney of the EU high court
- Mr. Yves Bot - advises, that he does not see any difference between
the delivery of software.

The actual dispute between Oracle and a reseller of used oftware led
to this case now waiting for a final decision of the EU high court.

Its most likely that the decision of the high court will follow the
arguments of Mr. Yves Bot - to accept to resell licences.

In other words - the copyright is paid when a book is sold - and a
book still may be sold as a used book.

I wonder how this will influence the practice of some dr tool manu-
facturers, who do not allow at the moment to resell their tools.

And allthough they might not origin in countries belonging to EU,
it definitely looks like they have to accept the laws of EU - other-
wise they might face big problems in exporting into this region.

I think they should start allready now to change their policy -
to demonstrate their "costmer orientated support".

Online article of publisher Heise of today ( german )
http://www.heise.de/newsticker/meldung/ ... 46493.html

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 Post subject: Re: Used software (hardware) - EU high court
PostPosted: May 28th, 2012, 5:40 
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Joined: April 26th, 2012, 1:52
Posts: 393
Location: Chicago, USA
Not allowing resale is just a desperate measure by a struggling company.

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 Post subject: Re: Used software (hardware) - EU high court
PostPosted: June 4th, 2012, 18:09 
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Joined: October 23rd, 2006, 8:56
Posts: 1342
sehr interessant :mrgreen:


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 Post subject: Re: Used software (hardware) - EU high court
PostPosted: June 6th, 2012, 1:24 
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Joined: September 8th, 2009, 18:21
Posts: 14945
Location: Australia
falther wrote:
I wonder how this will influence the practice of some dr tool manu-
facturers, who do not allow at the moment to resell their tools.

And allthough they might not origin in countries belonging to EU,
it definitely looks like they have to accept the laws of EU - other-
wise they might face big problems in exporting into this region.

Are there any manufacturers that actually prohibit the resale of their tools, or is it just that they are refusing to support resold tools? AISI, the ruling does not compel the manufacturer to support a second-hand tool. In fact it is quite common for support, and even warranty, to be non-transferrable. Therefore, I don't see how this law will benefit a novice who is buying an unfamiliar tool.

As for exporting into the region, I would think that there would be easy ways for an end user to purchase directly from the country of origin without having his purchase questioned by the local authorities.

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