True, 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

True, 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