Copyright Exhaustion Rationales and Used Software

Author:Antoni Rubí Puig
Position:Senior Lecturer of Civil Law at Universitat Pompeu Fabra (Barcelona, Spain)

This article aims to provide courts and policymakers with an analytical framework that, building upon the traditional rationales of IP exhaustion doctrine, identifies factors which advocate for a modulation or flexibilization of the role of exhaustion in copyright law. Factors include (i) the personal features of acquirers of copies of copyrighted works, distinguishing between consumers and... (see full summary)

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