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June 23 last, a majority of the voters in Britain voted for leaving the European Union. Many people talked before, during the referendum and after about “Brexit”. While the referendum occured I was in the United States and also in the US this was “ all over the news”. In news programs and talk shows on tv people discussed the possible consequensed – mostly financial – consequences of this exit.

Although I was in the United States on vacation I am a software asset management consultant and it immediately crossed my mind what would happen if the ruling of 2012 of the European Court of Justice about selling software second hand or EU legislation like the

DIRECTIVE 2009/24/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 on the legal protection of computer programs looses it validity in the United Kingdom ?

Will rulings and directives like these  no longer applicable starting from June, 23rd or will this occur on a later date ? What happens to contracts where in terms and conditions is referred to rulings and legislation and what happens when these contracts have to be renewed after this “British Independance day” as Mr. Nigel Farage calls it ? What to do when (re-)   negotiating software contracts in tis timeframe ?

I certainly hope that my fellow software asset managers will not forget to think about the options and also impossibilities Brexit will bring regarding software contracts in the future. I like to hear their views on this subject.

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