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dc.contributor.authorFalzon, Deo-
dc.identifier.citationFalzon, D. (2016). Copyright and digital exhaustion, unanswered questions and uncertain treatment in the EU. ELSA Malta Law Review, 6, 12-26.en_GB
dc.description.abstractIn 2012 the Court of Justice of the European Union delivered a judgement dealing with second hand software and the so called digital exhaustion principle. It was heralded by some and criticised by others, however, despite providing a much awaited insight into the CJEU's interpretation of the digital world the judgment itself was based on some very creative interpretations of relatively old directives which did not quite tackle the uncertainty surrounding the issue of exhaustion. It's extension and interpretation of other forms of digital content remains unclear and the national courts seem to disagree amongst themselves and find some difficulty in interpreting the CJEU's judgment. The situation 4 years after the 2012 judgment is arguably the same, the single market requires clear indications as to whether exhaustion can be extended to digital goods or a clear cut negative response. The mind-set established by some commentaries which interpreted the CJEU's stance in the Allposters judgment to preclude digital exhaustion has been called into question by the Advocate General's opinion in the VOB case whose final judgment is eagerly awaited.en_GB
dc.publisherEuropean Law Students' Association Maltaen_GB
dc.subjectLaw -- European Union countriesen_GB
dc.subjectCopying processes -- Law and legislationen_GB
dc.subjectComputer softwareen_GB
dc.titleCopyright and digital exhaustion, unanswered questions and uncertain treatment in the EUen_GB
dc.rights.holderThe copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder.en_GB
dc.publication.titleELSA Malta Law Reviewen_GB
Appears in Collections:ELSA Malta Law Review : Volume 6 : 2016
ELSA Malta Law Review : Volume 6 : 2016

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