For digital works, the legality of a purchaser reselling the copy or original of the digital work they acquired hinges on whether the doctrine of exhaustion of the distribution right can be applied in the online environment. Currently, legislation does not explicitly stipulate whether the exhaustion doctrine applies to the online resale of digital works, and significant controversy persists in both theoretical discourse and judicial practice. This paper argues that the doctrine of exhaustion should apply to the online environment. Firstly, based on the definition of the distribution right, it is clear that "making available the original or a copy of the work" constitutes its core element. Therefore, downloading a work online enables the circulation of a copy to the purchaser, who thereby obtains a copy of the work. This essence aligns with the core element of the distribution right–"making available the original or a copy"–and should fall within its scope of regulation, rather than that of the right of communication through information networks. Secondly, addressing the difficulty of transferring the original medium in digital resales, the paper proposes utilizing an "upload-and-delete" technological mechanism to control the number of copies, ensuring the quantity of works remains constant during resale and balancing the interests between rights holders and consumers. Alternatively, blockchain technology can be employed to achieve specificity and ownership transparency for digital works, enabling unique identification and effectively simulating the tangible medium resale process, thereby providing technological support for digital work resales.

Wu Jiajie. Research on the Application of the Principle of Exhaustion of Distribution Rights in Network Environment. International Journal of Frontiers in Sociology (2025), Vol. 7, Issue 7: 1-7. https://doi.org/10.25236/IJFS.2025.070701.

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