EuGH C - 166 / 15
The first buyer of a copy of a software with the license to unrestricted use can resell the used copy (CD 1) and the license to a second buyer. If the original physical copy of software (CD 1) is damaged, destroyed or lost then the first buyer may resell his back up copy (CD 2) of the software to the second buyer only with the consent of the copyright holder. The principle of exhaustion only applies to the original copy (CD).
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