ZEITSCHRIFT FÜR URHEBER UND MEDIENRECHT (ZUM): "USED SOFTWARE AND EXHAUSTION RULE: FRAMEWORK FOR A SECOND-HAND SOFTWARE MARKET"In its edtitons of 04/2006 of the magazine ZUM, the renowned expert in IT and Copyright Law Dr. Malte Grützmacher deals with the judgement of the Munich Regional Court concerning the trade with used Oracle licences. His conclusion: Software downloaded online has got to be as eligible for resale as software bound to package media. To Grützmacher, the differentiation between the two ways of transfer made in this judement means that the Regional Court "has not yet arrived in the information age", as the resale of software via online is day-by-day reality: Therefore, the exhaustion rule, according to which the developer's right of his product expires the very moment it is brought into transit for the first time, has to be applicable to software transferred online by download. A compilation of the most important assumptions from the article can be READ here or can be DOWNLOADED.
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