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Case C-166/15: Judgment of the Court (Third Chamber) of 12 October 2016 (request for a preliminary ruling from the Rīgas apgabaltiesas Krimināllietu tiesu kolēģija — Latvia) — Criminal proceedings against Aleksandrs Ranks, Jurijs Vasiļevičs (Reference for a preliminary ruling — Intellectual property — Copyright and related rights — Directive 91/250/EEC — Article 4(a) and (c) — Article 5(1) and (2) — Directive 2009/24/EC — Article 4(1) and (2) — Article 5(1) and (2) — Legal protection of computer programs — Resale of ‘used’ licensed copies of computer programs on non-original material media — Exhaustion of the distribution right — Exclusive right of reproduction)
ECLI:EU:UNKNOWN:62015CA0166
62015CA0166
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Official Journal of the European Union
C 462/3
(Case C-166/15) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Intellectual property - Copyright and related rights - Directive 91/250/EEC - Article 4(a) and (c) - Article 5(1) and (2) - Directive 2009/24/EC - Article 4(1) and (2) - Article 5(1) and (2) - Legal protection of computer programs - Resale of ‘used’ licensed copies of computer programs on non-original material media - Exhaustion of the distribution right - Exclusive right of reproduction))
(2016/C 462/04)
Language of the case: Latvian
Referring court
Parties in the main proceedings
The other parties to the proceedings: Finanšu un ekonomisko noziegumu izmeklēšanas prokoratūra, Microsoft Corp.
Operative part of the judgment
Article 4(a) and (c) and Article 5(1) and (2) of Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs must be interpreted as meaning that, although the initial acquirer of a copy of a computer program accompanied by an unlimited user licence is entitled to resell that copy and his licence to a new acquirer, he may not, however, in the case where the original material medium of the copy that was initially delivered to him has been damaged, destroyed or lost, provide his back-up copy of that program to that new acquirer without the authorisation of the rightholder.
(<span class="note">1</span>) OJ C 205, 22.6.2015.