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EU Court Decision In Oracle v. usedSoft Case Undermines Software Licenses In Narrow Set Of Circumstances, Says BSA

Brussels — July 3, 2012 —

The Court of Justice of the European Union has disrupted longstanding legal consensus about the transferability of certain license agreements in its ruling in the closely watched Oracle v. usedSoft case, the Business Software Alliance said Tuesday, but the impact of the decision is limited to a narrow subset of software licenses.

“There has been longstanding consensus that licenses for programs downloaded over the Internet are not transferable. Today’s ruling disrupts that consensus,” said Thomas Boué, director of government affairs, EMEA for BSA. “Nonetheless, we believe the ruling pertains only to the narrow subset of the market that involves downloads of software subject to permanent licenses. We also welcome the Court’s confirmation that licenses cannot be split and resold among different users. We are continuing to review this decision and consider its potential implications.”

About BSA

The Business Software Alliance ( ) is the leading global advocate for the software industry. It is an association of world-class companies that invest billions of dollars annually to create software solutions that spark the economy and improve modern life. Through international government relations, intellectual property enforcement and educational activities, BSA expands the horizons of the digital world and builds trust and confidence in the new technologies driving it forward.

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About BSA

BSA | The Software Alliance ( is the leading advocate for the global software industry before governments and in the international marketplace. Its members are among the world’s most innovative companies, creating software solutions that spark the economy and improve modern life. With headquarters in Washington, DC, and operations in more than 60 countries, BSA pioneers compliance programs that promote legal software use and advocates for public policies that foster technology innovation and drive growth in the digital economy.
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