1. Does the distribution right under Article 4(1) of Directive 2001/29 [on the harmonisation of certain aspects of copyright and related rights in the information society -- the InfoSoc Directive] include the right to offer the original or copies of the work to the public for sale?If you would like to comment on this case and thereby give the UK Intellectual Property Office a clue as to whether to advise the British government to make an appropriate representation, all you have to do is email firstname.lastname@example.org by the regrettably short date of 11 November 2013.
If the first question is to be answered in the affirmative:
2. Does the right to offer the original or copies of the work to the public for sale include not only contractual offers, but also advertising measures?
3. Is the distribution right infringed even if no purchase of the original or copies of the work takes place on the basis of the offer?
Covered, as usual, in embarrassment, this Kat wasn't expecting this case -- although he recalls that one of the parties, Dimensione Direct Sales, has the same name as an Italian business that sold some pretty neat Italian Bauhaus furniture to customers of German hauliers like Titus Donner (see another Bundesgerichtshof reference, Case C-5/11 Donner, discussed here and here). Can any readers supply some background, please?