When can software be sold?

The purchaser of a pre-owned software license becomes lawful acquirer of a copy of the program and may also make use of the right of reproduction if the right to distribution of the program copy pursuant to Art. 4 para. 2 of Directive 2009/24/EC has been exhausted and is connected to the delivery of the copy of the program.
The crucial question: When is the right to distribution exhausted? The exhaustion of the distribution right of the copyright holder depends on a number of conditions:
  1. The copyright holder must have granted the original buyer the right to use that copy for an unlimited period.
  2. The first acquirer must render their copy of the program useless.


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