How does this currently apply to software? Specifically desktop software apps, and OSs.
I have tried to sell a few bits of software via eBay (used windows XP pro retail box) which have been uninstalled or replaced with partner action pack licenses. After a day or so, I get an email from eBay saying that the item has been withdrawn due to a complaint from the manufacturer.
This is what they want.
I'm in the UK btw and am concerned this may become an international issue.
Choice quote: "This broad interpretation of Article 4(2) is necessary as otherwise the effectiveness of the rule of exhaustion would be undermined since suppliers would merely have to call the contract a “licence” rather than a “sale” in order to circumvent it."
IANAL.