Can you resell downloaded software, games, e-books and other ‘digital content’, and is it possible to transfer your cloud and streaming accounts ? The CJEU has answered in the positive with regard to downloaded software (UsedSoft) and will very soon take a stance on downloaded e-books (Tom Kabinet). The Court’s intentions to warrant the transferability of ‘digital assets’ is praiseworthy, yet its lines of reasoning are criticisable. In contrast to the CJEU’s findings, transferability has little to do with copyright, but follows from the equal treatment principle and the law of obligations.
Orateur : Simon Geiregat (He has recently defended his doctoral thesis on the exhaustion doctrine in copyright and neighbouring rights law in the digital context at Ghent University.)
L’exposé sera en anglais. (Q&A in Dutch & French if desired)