Contrary to the assertion of the CJEU, if the WCT is
used as a guide to interpreting the InfoSoc Directive (as
the CJEU itself said was settled interpretation law in Peek
& Cloppenburg v Cassina7) then it is impossible to convert
a communication right, which can only apply to copies
of works in intangible form, into a distribution right
because the latter right only applies to fixed copies in
the form of tangible objects.