Research Handbooks in Intellectual Property series
Edited by Irene Calboli and Edward Lee
Chapter 4: “Exhaustion” in the digital age
In its judgment of July 3, 2012 in UsedSoft v. Oracle, the Court of Justice of the European Union (CJEU) ruled: • 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.1 This decision opened up an intense debate about the applicability of this “exhaustion rule” to copyright-protected digital products other than software, particularly since the CJEU based its judgment on Directive 2009/24,2 which is lex specialis in relation to the InfoSoc Directive 2001/29.3
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.