IP Law - Software Licences - The Special Case Of Education

Two big software companies filed an application for interlocutory measures against two private Schools of Professional Training, which used the former's computer programs for educational purposes, complaining that the Schools had not acquired as many licences for the software as their computers and students. The First Instance Court of Athens in its judgment 2439/1995 rejected the application mainly based on the objection of "abuse of right".

The court ruled that the specific acts of reproduction were included in the "use of the program according to its purposes", i.e. the education and the training of the students of the Schools and did not constitute commercial use of the programs. Therefore, the authorisation of the creator was not necessary for the aforementioned reproduction, as well as for the loading of the program on a server.