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1.
The passive storage of licensed computer programs after the expiry of the licence period does not constitute a copyright infringement.
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The intention of the Swedish legislator, when introducing Sec. 26(g) of the Swedish Copyright Act, has been that there should be no obligation to destroy usage and backup copies when the right to use the program ceased.
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European Union law confers exclusive rights to copy making. It does not regulate what should happen to user and backup copies that are only stored without copy making. Article 7(1)(b) of Directive 2009/24/EC refers only to illegal copies and thus does not deal with legally produced user and backup copies. Therefore, European Union law does not impose a requirement that there should be a liability for purely passive storage of computer programs, irrespective of whether it is the storage of a user or backup copy or any other type of copy.
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Notes
Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society.
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Translation by Branka Marusic.
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The City of Malmö v. Alfa Kommun & Landsting AB Copyright Act, Secs. 2(2), 26(g), 54; Directive 2009/24/EC, Art. 7(1)(b). “Alfa Kommun & Landsting”. IIC 50, 757–761 (2019). https://doi.org/10.1007/s40319-019-00832-x
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DOI: https://doi.org/10.1007/s40319-019-00832-x