Case Law, CJEU, Distribution (right of), European Union, Exhaustion, Netherlands, Reproduction (right of)
Waiting for Tom Kabinet, a.k.a why EU copyright needs digital exhaustion, and how the CJEU can help with this – Part 2
Part 1 of this post discussed the legislative history and significance of the CJEU referral in Tom Kabinet. This part will illustrate content and implications of the three classificatory dichotomies, explain why EU copyright law needs digital exhaustion, and propose interpretative solutions for the CJEU to help with this, leveraging the occasion offered by the…