1. Approximation of laws — Copyright and related rights — Directive 2009/24 — Legal protection of computer programs — Restricted acts — Exhaustion of the right of distribution of a copy of a computer program — Conditions — Authorisation by the holder of the copyright in the copy of the downloading of the copy and the right to use the copy
2. Approximation of laws — Copyright and related rights — Directive 2009/24 — Legal protection of computer programs — Exceptions to the restricted acts — Use of the computer program by the lawful acquirer in accordance with its intended purpose — Lawful acquirer — Concept — Subsequent acquirer of a copy of the computer program originally downloaded by the first acquirer from the copyright holder’s website — Included
1. Article 4(2) of Directive 2009/24 on the legal protection of computer programs must be interpreted as meaning that the right of distribution of a copy of a computer program is exhausted if the copyright holder who has authorised, even free of charge, the downloading of that copy from the internet onto a data carrier has also conferred, in return for payment of a fee intended to enable him to obtain a remuneration corresponding to the economic value of the copy of the work of which he is the proprietor, a right to use that copy for an unlimited period.
2. Articles 4(2) and 5(1) of Directive 2009/24 on the legal protection of computer programs must be interpreted as meaning that, in the event of the resale of a user licence entailing the resale of a copy of a computer program downloaded from the copyright holder’s website, that licence having originally been granted by that rightholder to the first acquirer for an unlimited period in return for payment of a fee intended to enable the rightholder to obtain a remuneration corresponding to the economic value of that copy of his work, the second acquirer of the licence, as well as any subsequent acquirer of it, will be able to rely on the exhaustion of the distribution right under Article 4(2) of that directive, and hence be regarded as lawful acquirers of a copy of a computer program within the meaning of Article 5(1) of that directive and benefit from the right of reproduction provided for in that provision.
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