Commentary

158.3 Exhaustion of rights in downloaded software and the impact for computer games

INTELLECTUAL PROPERTY vol 21(2) copyright
| Commentary

158.3 Exhaustion of rights in downloaded software and the impact for computer games

| Commentary

158.3 Exhaustion of rights in downloaded software and the impact for computer games

The ECJ has ruled, first on the extent to which the distribution right in downloaded software is exhausted where the acquirer has made a copy with the rights holder’s consent, by downloading the program from the Internet onto a data-carrier. Secondly, whether an acquirer of the user licence, as a lawful acquirer within Article 5(1) of the Software Directive, may rely on the exhaustion rule to make a new copy of the program if the first acquirer has erased their copy or no longer uses it1. The

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