The 1709 Weblog: Tom Kabinet resolution


image credit score Gage Skidmore

and nods to the IPKats

Amongst its standard pre-Christmas deposit of a number of judgements, the CJEU has right now handed down its resolution within the long-awaited Tom Kabinet case (Case  C-263/18 Nederlands Uitgeversverbond and Groep Algemene Uitgevers v Tom Kabinet Web BV and Others)

Each the press launch and the judgement at the moment are accessible in English.

Because the press launch succinctly explains: “The Courtroom discovered that the availability by downloading, for everlasting use, of an e-book just isn’t coated by the suitable of ‘distribution to the general public’ supplied for by Article 4(1) of Directive 2001/29, however that it’s coated by the suitable of ‘communication to the general public’ supplied for in Article 3(1) of that directive, through which case exhaustion is excluded underneath paragraph 3 of that article.”

In doing so, the Courtroom has adopted the recommendation of Advocate Common Szpunar, which met with the approval of our associates at IPKat on this commentary.

The Courtroom has subsequently appropriately (on this writer’s view) decided that their isn’t any exhaustion of on-line media (even when incidently sure up in a pc program that is perhaps the topic of the Usedsoft resolution).  If there may be to be exhaustion of digital copies, then that should be a choice taken by the legislature after a full public coverage analysis, however with the transfer away from download-to-own in direction of extra versatile enterprise fashions (akin to subscriptions), it appears unlikely that this shall be seen as a coverage precedence.

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