Netherlands: NUV v. Tom Kabinet, Court of Appeal of Amsterdam, ECLI:NL:GHAMS:2015:66, 20 January 2015
The Court of Appeal ruled that the resale of used e-books by Tom Kabinet was permitted based on the CJEU’s UsedSoft ruling, although that case dealt with the sale of second-hand software. Nevertheless, the Court agreed with NUV that Tom Kabinet, as an internet intermediary, facilitates the resale of illegal content by the absence of…