The European Court was recently requested by the German federal court to answer the following questions (shortened for readability, full quotes can be found through sources liked at the bottom): 1. Is the person who can rely on exhaustion of the right to distribute a copy of a computer program a “lawful acquirer”? 2. If ‘yes’: is the right to distribute a copy of a computer program exhausted […] when the acquirer has made the copy with the rightholder’s consent by downloading the program from the internet onto a data carrier? 3. If 2 is “yes”: can a person who has acquired a “used” software licence for generating a program copy as “lawful acquirer” […] also rely on exhaustion of the right to distribute the copy of the computer program made by the first acquirer with the rightholder’s consent by downloading the program from the internet onto a data carrier if the first acquirer has erased his program copy or no longer uses it? In which the reply was (again, in shortened form): 1. … the right of distribution of a copy of a computer program is exhausted if the copyright holder who has authorised … a right to use that copy for […]