Academies, 'new' SIMS licenses and the EU concept of 'Exhaustion rights'
So, I've been doing a bit of research into the way in which Capita wishes to charge schools that become academies a new license fee if the license they had previously been using was a LEA purchased one, and I've come across the exhaustion principle from the EU Software Directive (aka directive 2009/24/EC).
Specifically this section "The first sale in the Community of a copy of a program by the rightholder or with his consent shall exhaust the distribution right within the Community of that copy, with the exception of the right to control further rental of the program or a copy thereof."
It does seem to have been included in the UK enactment of that directive here - http://www.legislation.gov.uk/uksi/1...ulation/4/made
How does that square against Capita demanding a new license? Should the LEA not just be able to 'resell' our original license to the academy?
The license when purchased is a perpetual license, so its use isn't 'rental', and becoming an academy doesn't make a copy of that license, it simply transfers ownership to the new entity. Surely this should mean that it can be transferred and Capita can't complain?