In UsedSoft v Oracle,3 the CJEU held (i) Oracle’s
software licence was a contract of sale, (ii) the
downloading of the software from Oracle’s website by
the licensee (now considered a purchaser) exhausted
Oracle’s right of distribution in relation to the copy that
came into the possession of the licensee and (iii) it was
therefore not an infringement of Oracle’s copyright in
the software for the licensee to resell his licence thereby
making the trading of second hand licences and/or copies
of the software lawful.