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|Oracle v. UsedSoft +||''42 According to a commonly accepted definition, a ‘sale’ is an agreement by which a person, in return for payment, transfers to another person his rights of ownership in an item of tangible or intangible property belonging to him.'' +, ''a customer of Oracle who downloads the copy of the program and concludes with that company a user licence agreement relating to that copy receives, in return for payment of a fee, a right to use that copy for an unlimited period. The making available by Oracle of a copy of its computer program and the conclusion of a user licence agreement for that copy are thus intended to make the copy usable by the customer, permanently, in return for payment of a fee designed to enable the copyright holder to obtain a remuneration corresponding to the economic value of the copy of the work of which it is the proprietor.'' ''46 In those circumstances, the operations mentioned in paragraph 44 above, examined as a whole, involve the transfer of the right of ownership of the copy of the computer program in question.'' +|
|Unfair Contract Terms in European Law. A Study in Comparative and EC Law +||A general transparency requirement is stated: terms offered to consumers are expressed in plain, intelligible language; where terms are subject to different interpretations, the one which is the most favorable to the consumer must prevail (art. 5 Directive 93/13/EEC). +|