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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 10:19:12 +0200

Alexander Terekhov wrote:

[... 17 U.S.C. 109 and 17 U.S.C. 117 ...]

> > 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
           ^
           |
117 -------+

> "Exceptions to the restricted acts" of DIRECTIVE 2009/24/EC:
> 
> http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:111:0016:0022:EN:PDF
> 
> "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.
> 
> ..."

17 U.S.C. 109 is currently known in European law as Article 4(2):

"2. The first sale in the Community of a copy of a program
by the rightholder or with his consent shall exhaust the 
distribution right within the Community of that copy, with 
the exception of the right to control further rental of the
program or a copy thereof."


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