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 -