Eye on Oracle

Jul 5 2012   4:53PM GMT

Oracle just can’t catch an IP break

Lena Weiner Lena Weiner Profile: Lena Weiner

Another day, another court ruling not in Oracle’s favor when it comes to intellectual property laws. This time, Europe’s highest court has decided that Oracle cannot prevent a German retailer, UsedSoft, from reselling used licenses and software the original buyer no longer wants. “Even if the license agreement prohibits a further transfer the rightholder can no longer oppose the resale of that copy,” said the Luxembourg court. While the matter still has to be resolved by judges in UsedSoft’s native Germany, they will very likely follow Luxembourg’s ruling.

Apparently, there is no such thing as used software (or so says the EU).

This comes very soon after Oracle’s loss against Google regarding whether or not you can copyright an API
Do courts just not like Oracle? Have the planets aligned in just the wrong way to start messing with Larry Ellison’s mojo?

In my opinion, Oracle has finally overreached its infamously legalistic policies and is getting bitten for their miscalculations. Their salad days of suing people may be over… On the IP front, anyway.

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