On October 12, 2016 the Court of Justice of the European Union (CJEU) ruled that although the initial acquirer of copy of a computer program can make their own back-up copy of the software, he may not resell the back up copy of that program in case the original copy has been damaged, destroyed or lost without the authorisation of the copyright holder.
CJEU explained that rights to create back-up copies of software is exception and thus is limited: “copy must (i) be made by a person having a right to use that program and (ii) be necessary for that use”.
This judgement further clarifies ruling of CJEU in UsedSoft v. Oracle case where court recognize the rights of original purchaser to re-sell ‘used’ copies of software.