And this is important:
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It follows from the foregoing that the answer to Questions 1 and 3 is that Articles 4(2) and 5(1) of Directive 2009/24 must be interpreted as meaning that, in the event of the resale of a user licence entailing the resale of a copy of a computer program downloaded from the copyright holder’s website, that licence having originally been granted by that rightholder to the first acquirer for an unlimited period in return for payment of a fee intended to enable the rightholder to obtain a remuneration corresponding to the economic value of that copy of his work, the second acquirer of the licence, as well as any subsequent acquirer of it, will be able to rely on the exhaustion of the distribution right under Article 4(2) of that directive, and hence be regarded as lawful acquirers of a copy of a computer program within the meaning of Article 5(1) of that directive and benefit from the right of reproduction provided for in that provision.
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The mixed software and computer program a litlle bit in the text, but in the important parts the just spoke about "computer programs".
In Germany a Court recently decieded the that this is only for "computer programs" and Ebooks are not computer programs
You said:
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Originally Posted by doctorow
I think you may be referring to the Oracle versus UsedSoft lawsuit from last year. The European Court of Justice determined that downloaded software
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The court is saying:
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It follows from the foregoing that the answer to Questions 1 and 3 is that Articles 4(2) and 5(1) of Directive 2009/24 must be interpreted as meaning that, in the event of the resale of a user licence entailing the resale of a copy of a computer program downloaded from the copyright holder’s website, that licence having originally been granted by that rightholder to the first acquirer for an unlimited period in return for payment of a fee intended to enable the rightholder ....
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So if the court speaks of software the meaning is computer program, not picture files , not ebook files, not music files...