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Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (Codified version) (Text with EEA relevance)
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This is the original version (as it was originally adopted).
1.The authorisation of the rightholder shall not be required where reproduction of the code and translation of its form within the meaning of points (a) and (b) of Article 4(1) are indispensable to obtain the information necessary to achieve the interoperability of an independently created computer program with other programs, provided that the following conditions are met:
(a)those acts are performed by the licensee or by another person having a right to use a copy of a program, or on their behalf by a person authorised to do so;
(b)the information necessary to achieve interoperability has not previously been readily available to the persons referred to in point (a); and
(c)those acts are confined to the parts of the original program which are necessary in order to achieve interoperability.
2.The provisions of paragraph 1 shall not permit the information obtained through its application:
(a)to be used for goals other than to achieve the interoperability of the independently created computer program;
(b)to be given to others, except when necessary for the interoperability of the independently created computer program; or
(c)to be used for the development, production or marketing of a computer program substantially similar in its expression, or for any other act which infringes copyright.
3.In accordance with the provisions of the Berne Convention for the protection of Literary and Artistic Works, the provisions of this Article may not be interpreted in such a way as to allow its application to be used in a manner which unreasonably prejudices the rightholder's legitimate interests or conflicts with a normal exploitation of the computer program.
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