That case was appealed, and in June the Higher Regional Court of Hamm confirmed the Regional Court's decision.
The appeal was limited to deal only with the resale of audio books, said Ole Jani, an attorney specializing in copyright law who represents the German publishers.
"But this really shouldn't make a difference from a copyright perspective," he said.
The audiobook case can now be appealed to Germany's Federal Court of Justice, which would be interesting from a legal perspective, Jani said, adding that the Federal Court could refer the case to the CJEU.
An appeal is uncertain. The VZBV wants to appeal the case, but it is not clear if the Federal Court will accept it, VZBV's attorney Michael Peter said in an email.
(Additional reporting by Loek Essers in Amsterdam)
Sign up for MIS Asia eNewsletters.