Exhaustion

34 articles available

 "With a bit of pathos one may say that the CJEU has restored the old exhaustion principle to its full glory in the digital age. In order to do so the Court did not hesitate to be adventurous with…

 On April 24, 2012 the Advocate General Yves Bot delivered his opinion in the UsedSoft case (C-128/11) concerning exhaustion in digital products that have not been distributed on a material carrier…

 “It can be argued that the Commission looks at this type of decisions as a mandate to legislate, at least to a certain extent. The possibility of further harmonization based on a possible CJEU…

In its groundbreaking judgment of 4 October 2011 the Court of Justice of the European Union has essentially legalized the import, sale and use of foreign satellite television decoder cards. The…

The question, whether software licences for computer programs that were purchased in an intangible form (via download from the sellers' server) can be resold by the first acquirer and used by the…

Paintings that were abandoned and left in a loft were not subject to free utilization. The copyright in the paintings was thus not exhausted. A summary of this case will be posted on http://www…

The football leagues in Europe seem to be on a losing streak in Luxembourg. On February 17 the European Court of Justice pronounced that Member States may reserve television coverage of FIFA World…