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Re: [upcoming] The European Court of Justice on 'Software' First Sale

From: Alexander Terekhov
Subject: Re: [upcoming] The European Court of Justice on 'Software' First Sale
Date: Tue, 02 Oct 2012 10:11:28 +0200

Tim Jackson wrote:
> How much bearing do you think 17 U.S.C. has on European law?

17 U.S.C. is currently known in European law as Article 5 
"Exceptions to the restricted acts" of DIRECTIVE 2009/24/EC:

"Article 5

Exceptions to the restricted acts

1. In the absence of specific contractual provisions, the 
acts referred to in points (a) and (b) of Article 4(1) shall 
not require authorisation by the rightholder where they are 
necessary for the use of the computer program by the lawful 
acquirer in accordance with its intended purpose, including 
for error correction.

2. The making of a back-up copy by a person having a right
to use the computer program may not be prevented by contract
in so far as it is necessary for that use.


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