4 ms·
Not quite what the article says. The judge has punted the question to the EU level, and denied granting an injunction prohibiting the resale. It's still perfect
by Joeri 12y ago
Not quite what the article says. The judge has punted the question to the EU level, and denied granting an injunction prohibiting the resale. It's still perfectly possible that the court will rule the site in question is not operating legally.
- bartkappenburg 12y agoMaybe I should have said "for now"
- seanflyon 12y agoEven that is misleading in my opinion because the court did not say that reselling e-books is legal for now. The court declined to grant an injunction.
- SEMW 12y agoTrue, but there's a good reason to think the CJEU will give the right answer: Oracle v Usedsoft[1] was only a couple of years ago, which upheld that first sale doctrine for software (i.e. that even a supposedly non-transferable software licence still counted as a sale for the purposes of that doctrine). I think that ruling was under the software directive rather than the IS directive, but the logic seems like it'd apply just as well to ebooks (and I doubt the two directives differ much on first sale, though I haven't checked), so I'd be surprised if we don't get a similar result here. IANAL, though. [1] http://curia.europa.eu/juris/document/document.jsf?docid=124564&doclang=EN http://curia.europa.eu/juris/document/document.jsf?docid=124... , summary at http://www.linklaters.com/Publications/Publication1403Newsletter/TMT-News-November-2012/Pages/EU-Used-Soft-Oracle-ECJ-approves-sale-used-software.aspx http://www.linklaters.com/Publications/Publication1403Newsle... , HN discussion at https://news.ycombinator.com/item?id=4193413 https://news.ycombinator.com/item?id=4193413
- grabeh 12y agoIS directive specifically references tangible goods as opposed to the Software directive which makes no distinction. At least in this respect it looks like first sale may be limited to software for the time being at least on the basis of post-Usedsoft case law, but we shall see! http://www.osborneclarke.com/connected-insights/publications/e-commerce-law-and-policy-article-re-sale-rights-digital-content/ http://www.osborneclarke.com/connected-insights/publications...
- rasz_pl 12y agoSadly german courts have already ruled Steam games cant be resold, because although they are software, they also contain artwork, and this somehow makes them like movies or something http://www.rockpapershotgun.com/2014/02/10/german-court-rules-against-rights-to-resell-steam-games/ http://www.rockpapershotgun.com/2014/02/10/german-court-rule...