Similar questions were raised before the CJEU regarding the lending of digital books in Case C‑174/15 Vereniging Openbare Bibliotheken v. Stichting Leenrecht. The Court was asked to clarify the provisions of the Rental and Landing Rights Directive and more specifically whether under ‘lending’ the Directive includes acts of making digital copies of books downloadable by users in such a way that the downloaded copy becomes unusable after a certain period of time and during which the original copy cannot be downloaded by any other user. The court answered the question affirmative, thus allowing digital libraries to lend e-books to their customers without the need for a prior permission from the author, provided that a fair remuneration is paid in favour of the right holders.
In another case before Dutch courts, TomKabinet – an operator of a service for selling second-hand digital books, received a cease and desist order from a couple of Dutch book publishers. In accordance to the CJEU’s arguments in the UsedSoft case TomKabinet required its registered users who have uploaded eBooks onto the site to delete their personal copies from their own device(s) upon resale and to confirm that they had legally obtained them in the first place. The dispute reached the Dutch Court of Appeal which also examined the legal conclusion of the CJEU in UsedSoft. However, the Dutch Court of Appeal Court ruled that TomKabinet failed to ensure that only lawful content was being uploaded onto the site, and thus issued an injunction for its closure, until it manages to adopt a more effective originality policy.