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Nicola Laver

Editor, Solicitors Journal




Reselling e-books is illegal under EU law, according to a recent opinion from the advocate general. The opinion, delivered in Tom Kabinet (C-263/18) arose after Tom Kabinet, an online second-hand ebook seller, was sued by the Dutch Publishers Association and the General Publishers Group in a dispute over whether copyright of digital property can be said to be exhausted after the first sale, or at a later stage. AG Szpunar found that internet downloads of ebooks are covered by right of communication to the public, not distribution and there is therefore no digital exhaustion under InfoSoc Directive. 16 September 2019