The right to resell ebooks — major case looms in the Netherlands

Infringing company is pointing to a 2012 ruling by Europe’s top court, the Court of Justice of the European Union, in the case of UsedSoft v Oracle. That case was about reselling licenses for downloadable software, and the court ruled that – even when the software license explicitly forbids resale – the buyer should have the right to resell that licence, just as they would be allowed to resell a boxed software copy.

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