Tethered technologies, cloud strategies and the future of the first sale/exhaustion defence in copyright law*
Christoph B Graber Professor of Law, PhD, Faculty of Law, University of Zurich

Search for other papers by Christoph B Graber in
Current site
Google Scholar
Restricted access

With tethered technologies permitting the monitoring of consumers’ use of copyrighted works and private copyright enforcement, IP protected digital works are increasingly disseminated solely through access-based schemes. This article reviews the actual and potential implications of this development in light of consumer autonomies and copyright doctrine. It specifically evaluates the courts’ opposing views in the European Union and the United States on the matter, drawing attention to the need to radically rethink the application of the first sale/exhaustion principle for the distribution of digital content, and proposes a novel approach balancing individual and social interests at a broader scale.

You are not authenticated to view the full text of this chapter or article.

Access options

Get access to the full article by using one of the access options below.


Pay to Access Content (PDF download and unlimited online access)

Other access options

Redeem Token

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institutional Access

Personal login

Log in with your Elgar Online account

Login with your Elgar account