Copyright Exhaustion Rationales and Used Software: A Law and Economics Approach to Oracle v. UsedSoft

This article aims to provide courts and policymakers with an analytical framework that, building upon the traditional rationales of IP exhaustion doctrine, identifies factors which advocate for a modulation or flexibilization of the role of exhaustion in copyright law. Factors include (i) the personal features of acquirers of copies of copyrighted works, distinguishing between consumers and commercial users; (ii) whether post-sale restrictions have been adequately communicated to acquirers and have been agreed in the contract or license; (iii) the degree of complexity of the acquired goods and their prospects of productive uses and interoperability; (iv) the role of other exclusive rights in providing rightholders with indirect control over uses of the copies in the aftermarket; (v) the impact of post-sale restraints in preventing opportunism in long-term contracts and in reducing deadweight losses created by IP pricing; and (vi) the temporal scope of post-sale restraints. After setting out this analytical framework, the ECJ Judgement in Oracle v. UsedSoft is discussed.

Paleoglaciated landscapes in Simen and other high-mountain areas of Ethiopia

In the present-day Ethiopia, glaciated landscapes do not exist, but paleoglaciated landscapes have been documented on a few mountain tops, which have altitudes higher than about 4,350 m asl in northern Ethiopia (Simen Mountains) and about 4,100 m asl in southern Ethiopia (Arsi and Bale Mountains). Glaciers were associated with the Late Pleistocene cold stages and reached as far down as 3,760 m asl in northern and 3,200 m asl in southern Ethiopia. Bale Mountains had the most extensive Late Pleistocene glaciation, covering over 190 km2, followed by Arsi Mountains (about 85 km2). In Simen, the Late Pleistocene glaciers covered merely 13 km2. In addition, paleo-periglacial slope deposits are found on all above-mentioned paleoglaciated mountains and in further mountain systems which did not host glaciers. This allows the reconstruction of the Late Pleistocene paleoclimate as being about 8 °C colder than at present (2014), much more dry, and probably without monsoon, at least in northern Ethiopia. Most probably in the Early Holocene, the re-emergence of monsoonal rains led to a strong erosion phase, which was followed by an extended stable phase with soil formation, building up about 70-cm-deep A-horizons (Andosol) on the paleo-periglacial slope deposits. These soils have been heavily degraded due to human-induced soil erosion up to about 3800 m asl since agriculture started several decades to millennia ago.