The question of whether the resale of legally obtained e-books is legal in itself remains, however. Tom Kabinet argued that its activities are legal under a 2012 ruling by the Court of Justice of the European Union (CJEU) that permits the trading of "used" software licenses.
The Amsterdam court, however, said that it could not decide whether the so-called UsedSoft verdict also applies to e-books. The issue was not a matter for the appeals court to decide, it said, adding that the matter should be dealt with in a separate lawsuit in which the court dealing with the matter could, for instance, refer questions to the CJEU, asking if it thinks the UsedSoft verdict also applies to e-books.
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