Several months ago this blog reported that the longstanding litigation in The Netherlands against second-hand ebook e-book trader Tom Kabinet would result in a reference for a preliminary ruling to the Court of Justice of the European Union (CJEU) asking whether the InfoSoc Directive allows 'digital exhaustion'.
In a 2017 decision the Rechtbank Den Haag (Court of The Hague) held that Tom Kabinet is not liable for unauthorized acts of communication to the public under the Dutch equivalent of Article 3(1) of the InfoSoc Directive. However, that court deemed it unclear whether the defendant could invoke the digital exhaustion of the right of distribution in relation to its e-book business.
Now, The IPKat has learned (again, thanks to @TreatyNotifier) that - at last - the questions for the CJEU have been finalized.
Here they are [WARNING: the translation from Dutch is mine … thanks to Google Translate]:
4. Is Article 5 of the InfoSoc Directive to be interpreted as meaning that the copyright owner cannot oppose the acts of reproduction in relation to a lawfully obtained copy in respect of transfers between subsequent purchasers and in relation to which the right of distribution has been exhausted and, if so, what conditions would apply?
We now have to wait for the assignment of a number to this case and publication of details (as well as an official translation of the questions) on the Curia website: stay tuned!
[Originally published on The IPKat on 29 March 2018]