| Title: | Collision Between Contractual Software Licenses and Mandatory European Union Law: Open-Source Models, Digital Regulation, and Harmonization of the Legislation of the Republic of Serbia |
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| Authors: | ID Popov, Dejan (Author)
ID Murtič, Sašo (Mentor) More about this mentor... 
ID Pucelj, Maja (Comentor) |
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| Files: |  17455$$thesis_Dejan_Popov_Zakljucen_tehnicni_pregled.pdf (2,10 MB)
MD5: 8D578223955B74FBC253312D9EB12969
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| Language: | English |
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| Work type: | Master's thesis/paper |
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| Organization: | FUDS - School of advanced social studies
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| Abstract: | “Collision of Contractual Software Licenses and Mandatory EU Law: Implications for Open-Source Models and Harmonization of the Legislation of the Republic of Serbia”
This master’s thesis examines the relationship between contractual freedom in software licensing and mandatory norms of European Union law. The research is based on a doctrinal approach and focuses on the analysis of EU directives, the case law of the Court of Justice of the European Union, and a comparative overview of Serbian legislation.
The study focuses on key legal instruments, including Directive 2009/24/EC, and the Cyber Resilience Act (Regulation (EU) 2024/2847), as well as the relevant case law. Particular attention is paid to the principle of exhaustion of distribution rights, the interoperability exception, and the compatibility of open-source licensing models with EU competition law.
The analysis highlights the challenges posed by modern software distribution models, particularly SaaS and subscription-based services, which challenge the traditional application of the exhaustion principle by replacing ownership with access-based use.
The findings indicate that contractual autonomy in software licensing is significantly limited by mandatory EU rules, particularly in the areas of exhaustion, interoperability, and reverse engineering. Additional constraints arise from new regulatory frameworks that impose requirements related to security, transparency, and risk management.
The comparative analysis indicates that, despite formal harmonization with EU law, the Serbian legal framework still contains significant gaps, particularly in the areas of interoperability, digital exhaustion, and enforcement of mandatory norms. These inconsistencies create legal uncertainty and practical challenges for Serbian IT companies operating in the European market.
The thesis concludes that further legislative and institutional alignment is necessary in order to ensure effective application of EU standards and greater legal certainty in the field of software licensing. |
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| Keywords: | Software licensing, European Union law, exhaustion of rights, interoperability, SaaS models, competition law, legal harmonization |
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| Year of publishing: | 2026 |
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| PID: | 20.500.12556/ReVIS-14115 |
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| Publication date in ReVIS: | 30.06.2026 |
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| Views: | 36 |
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| Downloads: | 0 |
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