The following TMT Q&A Produced in partnership with Chris Thomas and Chris Hoole of Appleyard Lees provides comprehensive and up to date legal information covering:
In 2012, the decision of the Court of Justice in UsedSoft v Oracle opened the door to a market for second-hand software in the EEA. Specifically, it concerned the ‘sale’ of perpetual licences for a one-off fee and the interpretation of Article 4(2) of Directive 2009/24/EC (the Software Directive) as it related to onward sales.
Article 4(2) of the Software Directive states:
‘The first sale in the Community of a copy of a program by the rightholder or with his consent shall exhaust the distribution right within the Community of that copy, with the exception of the right to control further rental of the program or a copy thereof.’
In UsedSoft, the Court of Justice found that the rights in a computer program, subject to a perpetual licence and a lump sum payment, were exhausted on the ‘sale’ of a copy whether in physical or online form, provided the first purchaser relinquishes their copy (second hand software). The one-off licence can then be sold freely on the second-hand market provided certain additional conditions are met.
On the facts of the UsedSoft case, Oracle customers downloaded software directly from its website, together with user licences, in exchange for a licence fee. Under a maintenance agreement, updated versions of the software (patches) could also be downloaded from the website. UsedSoft marketed used software licences acquired from customers of Oracle. Customers
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This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
On 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook was intended to benefit PRA-authorised firms, to access clearer and more concise rules. Alongside the Rulebook, supervisory statements and statements
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