2012 July

EU Commission proposes law to modernise online music licensing

The European Commission has proposed new legislation to facilitate the development of online music in the European Union.  The draft Directive would facilitate the ability of online music users, such as online radio stations and music streaming services, to broadcast music across a number of EU countries by obtaining multi-territorial licences from collecting societies.  In addition, the draft Directive would modernise the way in which collecting societies are governed in order to give rightholders a much greater say in their operation.


European Parliament rejects Anti-Counterfeiting Trade Agreement (ACTA)

The European Parliament has rejected in a historic vote the Anti-Counterfeiting Trade Agreement (ACTA).  The majority against ACTA was overwhelming with 438 Members of the European Parliament  voting against ACTA while just 39 voted in favour (and 165 abstained).


European Court upholds sale of used software products purchased online in UsedSoft v. Oracle

The European Court of Justice held in Case C-128/11 UsedSoft v. Oracle that the sale of “used” software is permissible when sold in the European Union.  However, the European Court of Justice stated that the owners of the software product are entitled to put in place security measures such as product keys to prevent the original user of the product from continuing to use the software product after its sale.  The ruling could transform not only the software market but also the sale of other on-line products, such as e-books and music, in the European Union.


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