Quote:
Originally Posted by HarryT
Business software or games, yes, I agree, but it's not at all clear that the ruling has any applicability to eBooks. eBooks are not "software", but "data". They aren't treated as a "product" for the purposes of EU VAT (as, for example, a game download is), but as a "service" (just as an MP3 download is).
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Hmm, that's true ... but the language both the Courts Press release and the judgement for as far I I noticed (I didn't read all the considerations in great detail) it focused on the licencing vs selling part -- very comparable to the US first sale doctrine.
I doubt any publisher would sue an individual selling his/her ebook licences. A company doing it commercially might risk a bit more, but even there I am not sure a good solicitor would recommend a publisher to go to court.
(I could almost be tempted spending time thinking about setting up some non-for-profit ebook licence exchange site).