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Tomkabinet.nl (Source: tomkabinet.nl)
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Tomkabinet.nl (Source: tomkabinet.nl)
Second-hand E-book shop forced to close
Second-hand electronic book selling platform Tomkabinet.nl must shut down within three days, ruled the Amsterdam Court today in an appeal which brought by the Dutch Publishers Association (NUV). The embattled firm's CEO, Marc Jellema, intends to continue the sale of the used e-books and adjust the business towards a piracy-free system.
NUV objects to Tom Kabinet's business model claiming that electronic books sold without the permission of the publisher and author lead to a copyright infringement. The association represents 90 percent of Dutch publishers.
Electronic books can not be re-used because they do not wear out, claims NUV.
The Court's decision was not based on the complex debate of whether electronic books can be re-used or not, but on the fact that the platform enables users to sell illegally downloaded e-books.
The NUV lawyer illustrated the effortlessness of the crime in the courtroom with a video.
If the site is not shut within three days, it has to pay a thousand euro penalty Potter day. However, if the company can take adequate measures to prevent illegal e-book trafficking, it may ask the court to overrule the ban. The CEO thinks the company is able to come up with a list of books in a couple of days which will be legal, watermarked and not in violation of the order. The suspicious items will be withdrawn from sale.
Tom Kabinet is a web-platform in which users can sell and buy electronic books. The company, founded by Judith Mariën, has been online since June 2014.
It was not ruled wether electronic books can be re-used or re-sold.