Transfer of software licenses, or resale. Eg. SIMS.net, and EU law
So, I was reading an article last night about Oracle being slapped down by an EU court saying that once a company has sold a license, they have exhausted their distribution rights and the owner of that license is then free to sell it on or give it away. (Judgement here - http://curia.europa.eu/jcms/upload/d...cp120094en.pdf, relevant directive 2009/24/EC, as implemented by The Copyright (Computer Programs) Regulations 1992 in the UK.
Specifically, this section in the UK law.
“(3) References in this Part to the issue to the public of copies of a work where the work is a computer program are to the act of putting into circulation copies of that program not previously put into circulation in the United Kingdom or any other member State, by or with the consent of the copyright owner, and not to—
(a)any subsequent distribution, sale, hiring or loan of those copies, or
(b)any subsequent importation of those copies into the United Kingdom, except that the restricted act of issuing copies to the public includes any rental of copies to the public.”.
It got me thinking - how does this mesh with Capita and the whole academies re-licensing debacle?
If a license has been sold to an LEA, then regardless of the clauses in the contract, EU law dictates that the LEA is legally allowed to sell that license on to another entity, at a price of their choosing.
So, how then are Capita still getting away with forcing schools to buy new licenses?
Other similar examples exist too - look at the terms and conditions on many licenses and they include 'non-resale' clauses. Eg. 2Simple have this on their Ts and Cs.