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.

The judgment ruled that the specific claim of the companies purporting to oblige the Schools obtain as many licenses of the programs as the number of their students and the computers installed, was "incompatible with the general feeling of Justice and served only the economic interests of the companies, simultaneously increasing enormously the expenses in the area of computer education, impeding the aims of National Education and denying the education to many students of poor financial situation".

In its analysis the court made also reference to articles 20 paragraph 1 and 21 of Law 2121/1993, which allow the reproduction of works without the authorisation of the creator and the payment of any fee in educational books for the purposes of education. This case is now pending before the regular courts to be decided on the merits.

Note: This article is not intended to be exhaustive and specific legal advice should be sought in relation to any specific circumstances.