Tietokoneohjelman kappaleen ostaja saa myydä sen yhdessä lisenssin kanssa edelleen
12.10.2016 | OikeusuutisetThe initial acquirer of a copy of a computer program, accompanied by an unlimited user licence, may resell that copy and his licence to a new acquirer
However, where the original material medium of the copy that was initially delivered has been damaged, destroyed or lost, that acquirer may not provide his back-up copy of that program to that new acquirer without the authorisation of the rightholder.
In today’s judgment, the Court considers that it follows from the rule of exhaustion of the distribution right that the holder of the copyright in a computer program (in the present case, Microsoft) who has sold, in the EU, a copy of that program on a material medium (such as a CD-ROM or a DVD-ROM) with an unlimited user licence can no longer oppose the subsequent resale of that copy by the initial acquirer or subsequent acquirers of that copy, notwithstanding the existence of contractual terms prohibiting any further transfer.
Unionin tuomioistuimen tuomio asiassa C-166/15
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