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Re: [upcoming] The European Court of Justice on 'Software' First Sale

From: Alexander Terekhov
Subject: Re: [upcoming] The European Court of Justice on 'Software' First Sale
Date: Mon, 15 Oct 2012 09:32:41 +0200

Ineiev wrote:
> On 10/11/2012 12:00 PM, Alexander Terekhov wrote:
> > Ineiev wrote:
> >> Could you be more specific? what requirements are not fulfilled
> >
> > Signed written form to begin with.
> Article 1286 (3) maintains that this is not a requirement for licensing
> computer programs.

1286 (3) is about shrink-wrapped EULAs and manifestation of assent by
first use (installing / running the program). 

1286 (3) does not cover real IP licenses (contracts conveying rights
regarding intangible work and having nothing to do with physical items
and packaging) because they are not shrink-wrapped beasts.

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