tag:blogger.com,1999:blog-5574479.post7704112807795979797..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: BREAKING: Dutch court refers questions to CJEU on e-lending and digital exhaustionVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-5574479.post-8090194830648773842015-04-03T13:31:01.483+01:002015-04-03T13:31:01.483+01:00-Anonymous at 1136 (=anonymous at 1020?): I know, ...-Anonymous at 1136 (=anonymous at 1020?): I know, but as said, I would not know which case law it should then be deduced from. Could you help us out with a link to the case law and your interpretation of how the questions should be answered?<br /><br />-Anonymous at 11:38 (=anonymous at 1136?). the libraries were asking for a client/subscriber based remuneration; but this was a fully analogue case, with no reference to whether lending should emcompass the one-user-one-copy lending of electronic items. The only hint to ebooks could be a passing mention of a term which could be interpreted as analogue only: "zaken"; but that does not make things very much clearer to me...TreatyNotifierhttps://www.blogger.com/profile/14781646153904815142noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-29283000161108334942015-04-03T11:38:59.118+01:002015-04-03T11:38:59.118+01:00How do you characterise what the library in C117/1...How do you characterise what the library in C117/13 was doing then?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-66689901631812388112015-04-03T11:36:46.680+01:002015-04-03T11:36:46.680+01:00In reply to Treaty Notifier.Explicit treatment in ...In reply to Treaty Notifier.Explicit treatment in previous case law is not the principle. Deduction from previous case law is...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-53493677039474128462015-04-03T03:03:43.307+01:002015-04-03T03:03:43.307+01:00Anonymous at 11:20. Could you expand on how those ...Anonymous at 11:20. Could you expand on how those should be answered? Especially the first question seems not have been given any explicit treatment in CJEU case law. <br /><br />The referring judge only mentions as related case law the Usedsoft decision, which isn't about lending; as well as "Vereniging van Educatieve en Wetenschappelijke Auteurs" (VEWA, C271/10), where in point 23 in the language of the case -Dutch- the term "zaken" is used, which could be interpreted as physical goods)...TreatyNotifierhttps://www.blogger.com/profile/14781646153904815142noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-71864703517251830162015-04-02T11:20:26.255+01:002015-04-02T11:20:26.255+01:00Can clearly be decided by reference to existing ca...Can clearly be decided by reference to existing case law. No new issue here.Expect most putting in observations to say that.Anonymousnoreply@blogger.com