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Originally Posted by OtterBooks
You can't purchase software via download, burn it on to a disc and sell it.
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Provided I don't keep a copy for myself, actually, I can. I am legally entitled to
resell my software. That may or may not be the case in your jurisdiction.
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Nor can you sell it to someone via email.
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Why ever not?
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You can resell a physical book, but you can not copy the text in that book, then run it off on a printing press and sell it.
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Well, no, but that's because that'd be in violation of copyright and a copy of the book only exists in paper form. Where this is not the case, however, such as with (download-only) software, there's no corresponding obligation.
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You get a service, and that service is the communication of instructions to your own little version of an electronic printing press that writes the information on physical media that you own.
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That is a very narrow view that heavily favors publishers' rights. I have not seen a legal scholar take up that position so far (they all seem to think it's software), and of course it's not been tested in court yet. And I agree with that assessment, it's obviously "software" for all intents and purposes: a set of instructions that displays certain results on your device based on user input.
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If you feel that service is less valuable than a physical book, fine.
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I think it's software, not a service, but yes, less valuable (and less expensive to produce) than a physical book. Consequently I am not prepared to pay the same price for it.