We also saw... that the bundle of rights in Israeli law does not teach of a possibility for an owner to control the transfer of a copy purchased from him...
91. From the aggregate, it emerges that Shva was entitled to transfer to Keren HaTamar the copies for which it purchased usage licenses from Mitug. Shva was not entitled to transfer the Source Code to Keren HaTamar.
Licenses Purchased vs. Copies in Use
92. ... Shva purchased from Mitug 290 licenses of the Software... Shva could transfer to Keren HaTamar 290 ATM machines in which copies of the Software are installed...
93. However... data arose raising difficulties.
First, Shva and Keren HaTamar claim 291 ATM machines were transferred...
Second, it is evident... that Keren HaTamar possesses ATM machines with copies of the Software in a scope significantly exceeding the scope transferred to it from Shva...
Third... disputes regarding whether the Source Code... was transferred.
Copies Transferred to Keren HaTamar
94. Since Shva purchased and fully paid for 290 copies... 290 ATM machines could include copies...
95. A different matter is the difference between 290 copies and 291 copies. Shva did not purchase nor receive a right for the installation of an additional copy.
96. ... Shva did not perform a purchase of an additional copy in advance or at all... (but apparently created it, and in any case an additional copy was installed on one of the machines...; "The Additional Copy").
97. This move by Shva can be considered a breach of contract and can be considered copyright infringement (unauthorized copying)...
98. A copy created in this manner is an "Infringing Copy"... Keren HaTamar holds an infringing copy for a business purpose... If it crossed the threshold of actual or constructive knowledge... Keren HaTamar performed indirect copyright infringement regarding it.
Copies Installed in Additional ATM Machines at Keren HaTamar
100. Keren HaTamar has ATM machines in which copies of the Software are installed in a scope significantly exceeding those transferred to it from Shva...