Examples of using Copy of a computer program in English and their translations into Slovenian
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Colloquial
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Official
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Medicine
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Ecclesiastic
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Financial
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Computer
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Official/political
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Programming
Downloading a copy of a computer program is pointless if the copy cannot be used by its possessor.
I consider that, in circumstances such as those in the main proceedings, the rightholder has received appropriate remuneration where he has beenpaid in return for the grant of a right to use a copy of a computer program.
(15) The unauthorised reproduction, translation,adaptation or transformation of the form of the code in which a copy of a computer program has been made available constitutes an infringement of the exclusive rights of the author.
Any infringing copy of a computer program shall be liable to seizure in accordance with the legislation of the Member State concerned.
Is the person who can rely on exhaustion of the right to distribute a copy of a computer program a“lawful acquirer” within the meaning of Article 5(1) of Directive 2009/24?
The issue of a licence allowing a copy of a computer program to be made available by download from the internet is a complex transaction which may involve both a contract for the provision of services relating in particular to the making available, implementation and maintenance of the computer program and a contract for the sale of the copy needed for the performance of those services.
First, Article 4(2) of Directive 2009/24 could be applicable if the rightholder allows a customer, after the conclusion of a licence agreement,to make a copy of a computer program by downloading that program from the internet and storing it on a computer. .
The downloading of a copy of a computer program and the conclusion of a user licence agreement for that copy form an indivisible whole.
In the light of the foregoing, the answer to the second question raised by the referring court should be that Article 4(2) of Directive 2009/24 mustbe interpreted as meaning that the right to distribute the copy of a computer program is exhausted if the rightholder, who allowed that copy to be downloaded from the internet to a data carrier, also granted, for consideration, a right to use that copy for an unlimited period of time.
The issue of a licence allowing a copy of a computer program to be made available by download from the internet is a complex transaction which may involve both a contract for the provision of services relating in particular to the making available, implementation and maintenance of the computer program and a contract for the sale of the copy needed for the performance of those services.
I conclude from the foregoing that Article 4(2) and Article 5(1) of Directive 2009/24 must be interpreted as meaning that,in the event of resale of the right to use the copy of a computer program, the second acquirer cannot rely on exhaustionof the right to distribute that copy in order to reproduce the program by creating a new copy, even if the first acquirer has erased his copy or no longer uses it.
( a) any act of putting into circulation a copy of a computer program knowing, or having reason to believe, that it is an infringing copy; or.
Article 4(2) of Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs mustbe interpreted as meaning that the right to distribute the copy of a computer program is exhausted if the rightholder, who allowed that copy to be downloaded from the internet to a data carrier, also granted, for consideration, a right to use that copy for an unlimited period of time.
It must be observed that the exhaustion of the right of distribution of a copy of a computer program under Article 4(2) of Directive 2009/24 only concerns copies which have been the subject of a first sale in the European Union by the copyright holder or with his consent.
The exclusive right of distribution of a copy of a computer program covered by such a license is exhausted on its first sale.
The possession, for commercial purposes, of a copy of a computer program knowing, or having reason to believe, that it is an infringing copy;
Furthermore, the Court statesthat an original acquirer of a tangible or intangible copy of a computer program for which the copyright holder's right of distribution is exhausted must make the copy downloaded onto his own computer unusable at the time of resale.
If the reply to the first question is in the affirmative:is the right to distribute a copy of a computer program exhausted in accordance with Article 4(2) of Directive 2009/24… when the acquirer has made the copy with the rightholder's consent by downloading the program from the internet onto a data carrier?
The referring court wishes to ascertain, in essence,whether the right to distribute a copy of a computer program is exhausted within the meaning of Article 4(2) of Directive 2009/24 where the acquirer has made the copy, with the rightholder's consent, by downloading the program from the internet onto a data carrier?
Articles 4(2) and 5(1) of Directive 2009/24 must be interpreted as meaning that,in the event of resale of the right to use the copy of a computer program, the second acquirer cannot rely on exhaustionof the right to distribute that copy in order to reproduce the program by creating a new copy, even if the first acquirer has erased his copy or no longer uses it.
It should be recalled that that case concerned the resale, by UsedSoft,of user licences for used intangible copies of a computer program downloaded from the Internet site of the rightholder, Oracle.
In those circumstances, it must be considered that the exhaustion of the distribution right under Article 4(2)of Directive 2009/24 concerns both tangible and intangible copies of a computer program, and hence also copies of programs which, on the occasion of their first sale, have been downloaded from the internet onto the first acquirer's computer. .
However, a copyright holder who distributes copies of a computer program on a material medium such as a CD‑ROM or DVD is faced with the same problem, since it is only with great difficulty that he can make sure that the original acquirer has not made copies of the program which he will continue to use after selling his material medium.