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RIDA 262 | 10-2019

Doctrine

Legal characterisation of unauthorised usage of software by a licensee

MOUNGOUKA, Alberthe

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Début de l'article :

The recent jurisprudence has reopened the debate around the case of the licensee that realizes non-authorized uses by the copyright’s owner of a software. A breach of the licensee can entail a duality between different and non-cumulative regimes. Generally, the contractual liability and the copyright infringement regimes are opposed. Laws relating to these regimes allow to invoke both of them. However, The European Court of Justice recently established the legal reasoning to adopt when a licensee does not comply with the terms of his or her license agreement.