“With a bit of pathos one may say that the CJEU has restored the old exhaustion principle to its full glory in the digital age. In order to do so the Court did not hesitate to be adventurous with legal interpretation and has also opened new fields for discussion.” On July 3 the CJEU delivered…

On April 24, 2012 the Advocate General Yves Bot delivered his opinion in the UsedSoft case (C-128/11) concerning exhaustion in digital products that have not been distributed on a material carrier. I think this may be one of the more interesting and bold opinions in the area of copyright law, although I am aware the…

“It can be argued that the Commission looks at this type of decisions as a mandate to legislate, at least to a certain extent. The possibility of further harmonization based on a possible CJEU decision cannot therefore be ruled out.” On 29 March 2012 the Advocate General (AG) Jääskinen delivered his Opinion in Case C-5/11…

In its groundbreaking judgment of 4 October 2011 the Court of Justice of the European Union has essentially legalized the import, sale and use of foreign satellite television decoder cards. The judgment, which was given in two joined (originally British) cases, concerned decoder cards that provide access to encrypted satellite transmissions from Greece of British…

The question, whether software licences for computer programs that were purchased in an intangible form (via download from the sellers’ server) can be resold by the first acquirer and used by the second buyer without consent of the right holder, has to be interpreted in light of the computer program directive 2009/24/EG. A full summary…

The football leagues in Europe seem to be on a losing streak in Luxembourg. On February 17 the European Court of Justice pronounced that Member States may reserve television coverage of FIFA World Cup events to free-to-air public broadcasters, on the basis of nationally drawn-up lists of ‘events of major importance’, as defined in the…