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One month ago, the Court of Justice of the European Union (CJEU) added its authoritative voice to the long-lasting debate on the legal nature of the transfer of software copies. Does the transfer constitute a license or a sale? A license, say most courts in the United States, but also some national courts in the E.U., where the case law is comparatively scarce. A sale, said the CJEU in the judgment of 3 July 2012 (
The Court thus sided with most – but not all – of the legal commentators on both sides of the Atlantic. Those who will not be happy with the judgment are the software companies whose products are at issue. The looming question among the observers in the wake of the