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Sale of Used Software Licenses in Germany
Once in a while, something known as 'new distribution forms' of software catch the attention of people in the tech market in Germany. But standard license agreements and provisions of German copyright law do not always match perfectly, and these discrepancies give rise to gaps and misunderstandings that courts must ultimately settle.
Accordingly, a couple of landmark decisions have come down from the Bundesgerichtshof ('German Federal Court') over the last few years. While the German Federal Court has refused to accept the once famous original equipment manufacturer ('OEM') clause that set forth restriction of stand-alone sale of software without hardware in 1999 (BGH, July 6, 2000, File Number I ZR 244/97 (OEM)), it has decided, on the other hand, that network licenses must be accepted as a permissible use of software licenses (BGH Oct. 24, 2002, File Number I ZR 3/00 (CPU)). Even though these license forms have been subject to Federal Court evaluation, other concepts to circumvent software-licensing restrictions have come up, and have yet to be decided.
Reselling Used Software Licenses
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?