The Principle Of Digital Exhaustion An Analysis Based on EU US Turkish Laws — Sena Kontoğlu Taştan

The Buy Now button is the most convenient illusion of the digital age With a single click we believe we are purchasing a piece of digital property only to discover we have merely acquired a restrictive and temporary license This disconnect between user expectation and legal reality is the direct result of a legal system that has failed to keep up with technology This book explains how we arrived at this critical point exploring how courts have grappled with software e books and other digital works It highlights the discrepancies in key judgments from the Court of Justice of the European Union from the pragmatic functionalism of UsedSoft to the rigid formalism of Tom Kabinet Ultimately this book makes a compelling case that the judiciary has reached its interpretive limit and the responsibility now falls to legislators to redefine the principle of exhaustion making it technologically neutral and fit for the digital age

The Buy Now button is the most convenient illusion of the digital age With a single click we believe we are purchasing a piece of digital property only to discover we have merely acquired a restrictive and temporary license This disconnect between user expectation and legal reality is the direct result of a legal system that has failed to keep up with technology This book explains how we arrived at this critical point exploring how courts have grappled with software e books and other digital works It highlights the discrepancies in key judgments from the Court of Justice of the European Union from the pragmatic functionalism of UsedSoft to the rigid formalism of Tom Kabinet Ultimately this book makes a compelling case that the judiciary has reached its interpretive limit and the responsibility now falls to legislators to redefine the principle of exhaustion making it technologically neutral and fit for the digital age