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EU to Allow Digital Software Resales?

This document (Adobe Acrobat format) outlines a legal ruing in the EU that seems to open the door for resale of digitally distributed software (thanks Joao). Here's a bit:

Where the copyright holder makes available to his customer a copy tangible or intangible and at the same time concludes, in return form payment of a fee, a licence agreement granting the customer the right to use that copy for an unlimited period, that rightholder sells the copy to the customer and thus exhausts his exclusive distribution right. Such a transaction involves a transfer of the right of ownership of the copy. Therefore, even if the licence agreement prohibits a further transfer, the rightholder can no longer oppose the resale of that copy.

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59. Re: EU to Allow Digital Software Resales? Jul 3, 2012, 19:31 SimplyMonk
Mr. Tact wrote on Jul 3, 2012, 18:47:
Are you saying if I am able/allowed to resell my software it makes the software business no longer viable?

I was merely trying to bring to light that you can't compare manufactured goods and the economics that surround them to software and their economics because that are simply two different types of products. A Rolls-Royce has far different regulations and manufacturing costs/concerns than making toothpicks.

Just because Product A is composed of Atoms and Product B is composed of Atoms, doesn't mean that the policies and economics surrounding the two products are interchangeable.

Let me try a simple example. When you buy a Bookend, the manufacturer makes a profit on your purchase. It cost them $1 to make, you bought it for $5. You are free to do whatever the fuck you want with it now because the maker of the bookend got the profit her deserved.

When you buy Assassin's Creed, the publisher does not make a profit. It cost them $30,000,000 to make, you bought it for $60. They need another 500,000 of you just to break even. If at this point, before they his that break even point you start handing out your copy to friends, than that makes it that much harder for them to hit the break even point.

Sure, they can make more copies for less than a penny, but eventually the market will reach saturation and no one will need Assassin's Creed and they can't sell anymore to be able to break even.

Can you see the difference now?
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