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| From: | Alexander Terekhov |
| Subject: | Re: [upcoming] The European Court of Justice on 'Software' First Sale |
| Date: | Mon, 15 Oct 2012 09:32:41 +0200 |
Ineiev wrote: > > On 10/11/2012 12:00 PM, Alexander Terekhov wrote: > > Ineiev wrote: > >> Could you be more specific? what requirements are not fulfilled > > > > Signed written form to begin with. > > Article 1286 (3) maintains that this is not a requirement for licensing > computer programs. 1286 (3) is about shrink-wrapped EULAs and manifestation of assent by first use (installing / running the program). 1286 (3) does not cover real IP licenses (contracts conveying rights regarding intangible work and having nothing to do with physical items and packaging) because they are not shrink-wrapped beasts.
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