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SEPTEMBER 2007 |
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Used software and assignability of licenses
Dr. Malte Grützmacher, lawyer and specialist in copyright and IT-law, discusses in an article published in the legal trade journal 'Computer and Law' about new aspects regarding the trade with used licences. Up to now, says Grützmacher, it has always been the crucial issue whether the so-called exhausting rule would also be applicable to software respectively volume licences which were assigned online. Grützmacher does not only answer such question in an affirmative way, but, in addition draws the following conclusion : Even if an approval by the holder of the rights would be required for the assignment of such rights of use - whereby such opinion is explicitely contradicted by Grützmacher the corresponding holders of the right (say software developpers) would be even liable to give their approval to such assignment. In the context of used software there might be 'a duty to give one's approval based on general principles according to the requirements of good faith , says Grützmacher. Moreover, the specialist in copyright also argues that such duty to give one's approval needs to be particularly considered under the aspect of antitrust law.
You can find a summary of this article here. Please find the complete article under www.legios.de which can be downloaded with costs.
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JUNE 2007 |
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PRESS INFO: MICROSOFT IS AGAIN DEFEATED BY USEDSOFT
Microsoft's attempt to criminalize the trade with 'used' software has failed again. The Munich Chief Department of Public Prosecution dismissed a complaint against the dismissal of the criminal proceedings against usedSoft without any restrictions which had been lodged by the software monopolist. Thus, Microsoft's repeatadly uttered reproach that the trade with used software through the company usedSoft would be the same as dissemination of pirate copies has now been finally disproven. After such dismissal of Microsoft?s complaint, Microsoft obviously admitted its defeat as it waived its right to any further appeal. The dismissal of the criminal proceedings has therefore become final and absolute.
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