I diritti di riproduzione e distribuzione

The author examines the latest decisions of the Court of Justice of the European Union on software distributed over the Internet. He considers what kind of limits have been set for the distribution right and analyzes the logical path of the Court. The author then examines the EU legal norms applied by the dominant doctrine, noting how the investigators overlooked the importance of the principle of exhaustion.Thus, the author denied the admissibility of a right of communication to the public when digital contents are downloaded on hard disks or other material media to which the customer can access without time limitation. Consequently, in such cases, the copyright is exhausted and digital contents maybe freely resold by the first buyer.