"...the Court of Appeal's judgment sketches some of the missing principles from UsedSoft, namely when a computer programme falls outside the bounds of a 'complex product' and whether subdivision is possible... the judgment uses the incidental feature test to preserve the balance between the Software Directive and Information Society Directive: this time, it was in favour of market and consumer interests."
The IPKat: "Exhaustion Is Back, Baby!"
"Well, it is back in a very specific context, but some juicy nuggets can still be found in the judgment of the Court of Appeal... The appeal related to the resale of Microsoft software products by JJH Enterprises trading as ValueLicensing. The case centred on ValueLicensing's claim that Microsoft used contractual restrictions to stifle the supply of licences by transferring customers from perpetual licences to a subscription-based model..." Read the full article here.
Originally published by The IPKat. Written by Georgia Jenkins.