The legality of resale of digital content after UsedSoft in subsequent German and CJEU case law

When the UsedSoft judgment was rendered by the Court of Justice of the European Union the reaction of the public, professional and lay, was tremendous. However, soon enough the future actual impact of the judgment was being described as either a meteor or (more likely) a single one-shot comet. More than two years after the UsedSoft judgment, with the growing amount of case law on the matter, the aim of this paper is to thoroughly examine post-UsedSoft case law regarding digital exhaustion, particularly in relation to digital content other than software, in Germany and before the CJEU.