Licensing digital content in a sale of goods context
2015 (English)In: Journal of Intellectual Property Law & Practice, ISSN 1747-1532, Vol. 10, no 10, 750-758 p.Article in journal (Refereed) Published
In the recent Digital Single Market Strategy for Europe, COM(2015) 192 final, the Commission disclosed that by the end of 2015 it would make a legislative proposal on simple and effective cross-border rules for consumers and businesses, including harmonized EU rules for online purchases of digital content.
The DSM Strategy does not elaborate on how these rules will regulate the sale or licensing of copyright-protected digital content. However, an idea of what is about to come can be found in the Commission's proposal for a Regulation on a Common European Sales Law, COM(2011) 635 final (the CESL), since the DSM Strategy explicitly refers to the CESL proposal.
This article discusses the implications of the CESL in relation to distribution of digital content. Given that the CESL primarily is designed for sale of goods, it is arguable whether it is appropriate to apply such general principles of contract law to online transactions of digital content, ie copyright-protected works.
Place, publisher, year, edition, pages
Oxford: Oxford University Press, 2015. Vol. 10, no 10, 750-758 p.
IdentifiersURN: urn:nbn:se:uu:diva-264477DOI: 10.1093/jiplp/jpv140OAI: oai:DiVA.org:uu-264477DiVA: diva2:860683