Re: [upcoming] The European Court of Justice on 'Software' First Sale

[Alexander Terekhov]

Tim Jackson wrote:

[... the copy concerned being placed on the European market ...]

Exhaustion of the distribution right covers all lawfully made copies
owned by strangers regarding copyright in a work fixated in a copy. A
copy does not necessarily have to be transferred to the owner on a
physical medium or somehow specially "placed on the European market".
Having the copy made with the authorization of the copyright owner (i.e.
with permission to reproduce / prepare derivative works conveyed by the
copyleft and other public licenses) is enough.

It is even possible that some unauthorized copies may fit the bill if
the circumstances suggest that they are lawfully made.

The distribution right comes by statute as addition to the granted
reproduction right / right to prepare derivative works.

License contract may attempt to restrict that distribution freedom
('only private use, no distribution', copyleft 'conditions' imposed for
distribution of 'further' copies made, etc.) but that has nothing to do
with statutory tort (copyright infringement) in the case of breach of
restrictions/requirements for distribution.