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Antoni Rubí Puig, Copyright Exhaustion Rationales and Used Software: A Law and Economics Approach to Oracle v. UsedSoft, 4 (2013) JIPITEC 159 para 1.
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%0 Journal Article %T Copyright Exhaustion Rationales and Used Software: A Law and Economics Approach to Oracle v. UsedSoft %A Rubí Puig, Antoni %J JIPITEC %D 2013 %V 4 %N 3 %@ 2190-3387 %F rubí puig2013 %X This article aims to provide courts and policymakers with an analytical framework that, building upon the traditional rationales of IP exhaustion doctrine, identifies factors which advocate for a modulation or flexibilization of the role of exhaustion in copyright law. Factors include (i) the personal features of acquirers of copies of copyrighted works, distinguishing between consumers and commercial users; (ii) whether post-sale restrictions have been adequately communicated to acquirers and have been agreed in the contract or license; (iii) the degree of complexity of the acquired goods and their prospects of productive uses and interoperability; (iv) the role of other exclusive rights in providing rightholders with indirect control over uses of the copies in the aftermarket; (v) the impact of post-sale restraints in preventing opportunism in long-term contracts and in reducing deadweight losses created by IP pricing; and (vi) the temporal scope of post-sale restraints. After setting out this analytical framework, the ECJ Judgement in Oracle v. UsedSoft is discussed. %L 340 %K Exhaustion %K Information Costs %K Law and Economics %K Ownership Rationale %U http://nbn-resolving.de/urn:nbn:de:0009-29-38421 %P 159-178Download
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@Article{rubípuig2013,
author = "Rub{\'i} Puig, Antoni",
title = "Copyright Exhaustion Rationales and Used Software: A Law and Economics Approach to Oracle v. UsedSoft",
journal = "JIPITEC",
year = "2013",
volume = "4",
number = "3",
pages = "159--178",
keywords = "Exhaustion; Information Costs; Law and Economics; Ownership Rationale",
abstract = "This article aims to provide courts and policymakers with an analytical framework that, building upon the traditional rationales of IP exhaustion doctrine, identifies factors which advocate for a modulation or flexibilization of the role of exhaustion in copyright law. Factors include (i) the personal features of acquirers of copies of copyrighted works, distinguishing between consumers and commercial users; (ii) whether post-sale restrictions have been adequately communicated to acquirers and have been agreed in the contract or license; (iii) the degree of complexity of the acquired goods and their prospects of productive uses and interoperability; (iv) the role of other exclusive rights in providing rightholders with indirect control over uses of the copies in the aftermarket; (v) the impact of post-sale restraints in preventing opportunism in long-term contracts and in reducing deadweight losses created by IP pricing; and (vi) the temporal scope of post-sale restraints. After setting out this analytical framework, the ECJ Judgement in Oracle v. UsedSoft is discussed.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-38421"
}
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RIS
TY - JOUR AU - Rubí Puig, Antoni PY - 2013 DA - 2013// TI - Copyright Exhaustion Rationales and Used Software: A Law and Economics Approach to Oracle v. UsedSoft JO - JIPITEC SP - 159 EP - 178 VL - 4 IS - 3 KW - Exhaustion KW - Information Costs KW - Law and Economics KW - Ownership Rationale AB - This article aims to provide courts and policymakers with an analytical framework that, building upon the traditional rationales of IP exhaustion doctrine, identifies factors which advocate for a modulation or flexibilization of the role of exhaustion in copyright law. Factors include (i) the personal features of acquirers of copies of copyrighted works, distinguishing between consumers and commercial users; (ii) whether post-sale restrictions have been adequately communicated to acquirers and have been agreed in the contract or license; (iii) the degree of complexity of the acquired goods and their prospects of productive uses and interoperability; (iv) the role of other exclusive rights in providing rightholders with indirect control over uses of the copies in the aftermarket; (v) the impact of post-sale restraints in preventing opportunism in long-term contracts and in reducing deadweight losses created by IP pricing; and (vi) the temporal scope of post-sale restraints. After setting out this analytical framework, the ECJ Judgement in Oracle v. UsedSoft is discussed. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-38421 ID - rubí puig2013 ER -Download
Wordbib
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ISI
PT Journal AU Rubí Puig, A TI Copyright Exhaustion Rationales and Used Software: A Law and Economics Approach to Oracle v. UsedSoft SO JIPITEC PY 2013 BP 159 EP 178 VL 4 IS 3 DE Exhaustion; Information Costs; Law and Economics; Ownership Rationale AB This article aims to provide courts and policymakers with an analytical framework that, building upon the traditional rationales of IP exhaustion doctrine, identifies factors which advocate for a modulation or flexibilization of the role of exhaustion in copyright law. Factors include (i) the personal features of acquirers of copies of copyrighted works, distinguishing between consumers and commercial users; (ii) whether post-sale restrictions have been adequately communicated to acquirers and have been agreed in the contract or license; (iii) the degree of complexity of the acquired goods and their prospects of productive uses and interoperability; (iv) the role of other exclusive rights in providing rightholders with indirect control over uses of the copies in the aftermarket; (v) the impact of post-sale restraints in preventing opportunism in long-term contracts and in reducing deadweight losses created by IP pricing; and (vi) the temporal scope of post-sale restraints. After setting out this analytical framework, the ECJ Judgement in Oracle v. UsedSoft is discussed. ERDownload
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 4 (2013) 3 |
|---|---|
| Title |
Copyright Exhaustion Rationales and Used Software: A Law and Economics Approach to Oracle v. UsedSoft (eng) |
| Author | Antoni Rubí Puig |
| Language | eng |
| Abstract | This article aims to provide courts and policymakers with an analytical framework that, building upon the traditional rationales of IP exhaustion doctrine, identifies factors which advocate for a modulation or flexibilization of the role of exhaustion in copyright law. Factors include (i) the personal features of acquirers of copies of copyrighted works, distinguishing between consumers and commercial users; (ii) whether post-sale restrictions have been adequately communicated to acquirers and have been agreed in the contract or license; (iii) the degree of complexity of the acquired goods and their prospects of productive uses and interoperability; (iv) the role of other exclusive rights in providing rightholders with indirect control over uses of the copies in the aftermarket; (v) the impact of post-sale restraints in preventing opportunism in long-term contracts and in reducing deadweight losses created by IP pricing; and (vi) the temporal scope of post-sale restraints. After setting out this analytical framework, the ECJ Judgement in Oracle v. UsedSoft is discussed. |
| Subject | Exhaustion, Information Costs, Law and Economics, Ownership Rationale |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-38421 |
