Do we have a breakthrough here? I can’t believe what I’m reading right now. Check some parts of it:
An author of software cannot oppose the resale of his ‘used’ licences allowing the use of his programs downloaded from the internet.
By its judgment delivered today, the Court explains that the principle of exhaustion of the distribution right applies not only where the copyright holder markets copies of his software on a material medium (CD-ROM or DVD) but also where he distributes them by means of downloads from his website.
Where the copyright holder makes available to his customer a copy – tangible or intangible – and at the same time concludes, in return form payment of a fee, a licence agreement granting the customer the right to use that copy for an unlimited period, that rightholder sells the copy to the customer and thus exhausts his exclusive distribution right.
I wonder if that’s actually going to affect any of the downloading services in Europe. I guess we’ll see.