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I am based in Europe and the European Court of Justice (the highest court in the EU) has ruled that reselling software licenses is legal, even if the original license agreement prohibits it, due to the exhaustion of distribution rights upon the first sale. That was established in the case Oracle vs. UsedSoft.
After the initial sale of a software license, a company can not prevent the buyer from reselling or transferring that copy to someone else.
Very interesting info thanks. I wonder what Ninjatrader’s response to this would be, seeing as a giant like Oracle lost their case. For what it’s worth i’m using a license gifted to me (in europe)
You're absolutely right about the UsedSoft v. Oracle ruling - it was a landmark decision that fundamentally changed software licensing in the EU. The ECJ's principle of exhaustion applying to downloaded software was revolutionary.
What's particularly interesting is how this creates arbitrage opportunities between EU and non-EU markets. Some traders have built entire businesses around software license arbitrage, similar to how we exploit pricing inefficiencies in financial markets.
For trading platforms specifically, the ruling means you can legally transfer licenses for platforms like NinjaTrader, Sierra Chart, or MotiveWave within the EU, even if their EULAs say otherwise. The key requirement is that you must make your own copy "unusable" after transfer.
Have you successfully transferred any trading platform licenses using this precedent? The practical enforcement varies significantly between vendors.
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