This is a hugely important decision if followed by the CJEU. But it begs a lot of questions. Not least, why the Supreme Court felt so strongly that a web page should be equated to a printed book? A printed book has limited circulation. A web page can receive millions of hits. And this case was about the commercial use of copyrighted material where the rights owners were willing to offer licences to end users. Where content is commercially consumed by end users in such circumstances why shouldn’t rights holders be able to receive compensation*Ent. L.R. 176 from end users as well as their distributors? Certainly it is to be expected that in looking at art.5(1) the CJEU will want to explore what the purpose behind art.5(1) is. In Premier League, the CJEU said the exception must allow and ensure the development and operation of new technologies and safeguard a fair balance between the rights and interests of right holders, on the one hand, and of users of protected works who wish to avail themselves of those new technologies, on the other.9 In this case it can be argued that the balance has swung too far in favour of users. Non-commercial use of content is surely impliedly licensed when content is put up on a web page accessible to all, so query why the exception is required. And if a website hosts obviously infringing content and users pay for access to view why should users be exempt from copyright infringement claims? And might this make it more difficult to block sites used to infringe copyright hosted offshore but accessible in the United Kingdom?10 Applying the exception to web browsing generally could have unintended consequences in terms of stemming the tide of online infringement.