One might also severely criticise the drafters of the
2009 Software Directive, whose job it was to “codify”
and update the original Software Directive 1991,6 for
failing to observe the WIPO Copyright Treaty 1996
(“WCT”) which required a communication right (and its
non-exhaustion) for software just as much as for any
other work. It will be recalled that an important part of
WCT’s “digital agenda” was to formally recognise the
impact of the internet on copyright.