Secondhand ebookstore Tom Kabinet can stay online, Dutch court rules

Gigaom

A Dutch secondhand ebookstore has successfully defended a court case brought about by the country’s publishers’ association, which argues that ebooks cannot be legally resold.

The site, Tom Kabinet, opened shop a few weeks ago, basing its legality on a 2012 ruling by the Court of Justice of the European Union (CJEU) in the case of UsedSoft v Oracle. That case had to do with the resale of licenses for downloadable software, but Tom Kabinet contended that the CJEU’s ruling in favor of resale extends to digital media such as ebooks as well.

The Dutch Publishers Association (NUV) disagreed, pointing to a 2013 ruling by a court in Bielefeld, Germany, which held that the CJEU ruling only applied to software.

On Monday, the Amsterdam district court sided with Tom Kabinet – sort of. The court refused to give the NUV an interim order shutting down the site, saying the implications…

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