OLG Hamburg: Ban on the resale of e-books permissible
According to the Higher Regional Court of Hamburg, an online retailer can contractually prohibit customers from reselling "used" e-books and audio books (case no. 10 U 5/11).
The reasons for the decision have not been published. However, in view of the fundamentally divergent case law of the ECJ on the subject of "used" software licenses, it is currently unclear whether a European court would confirm the decision of the Higher Regional Court of Hamburg.
Date: 5. May 2015