Whatever the outcome of such policy arguments,
there is still the critical legal issue of whether the
contract between the copyright owner and the first
acquirer of a digital copy is a sale or a licence. In the
UsedSoft case the Oracle contract was expressly drafted
as a licence with all the typical terms of a software licence
and for the CJEU to find it to be a sale by considering
only one term of the contract—the licence was for an