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Old 09-28-2012, 07:58 PM   #103
taustin
Wizard
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Join Date: Aug 2010
Device: Nook
Quote:
Originally Posted by Elfwreck View Post
It also says "Buy now with 1-Click!" not "License now with 1-Click!"
Indeed, you can buy the license with one click. They even have a patent on the idea.

Quote:
Originally Posted by Elfwreck View Post
There's even a link underneath that that says "how buying works"--
1) Select a device
2) Click to buy
3) Purchase is sent automatically.

It doesn't say "your licensed content is sent automatically." It says "purchase."
As, indeed, the purchase of the license is.

Quote:
Originally Posted by Elfwreck View Post
That implies that what you purchased is what was sent--not that you "bought" some kind of intangible thing,
A computer file sent through the internet is every bit as intangible as the license that you bought.

Quote:
Originally Posted by Elfwreck View Post
and they're sending you, not what you bought,
Which is the license as you agreed.

Quote:
Originally Posted by Elfwreck View Post
but the material they've contracted to deliver, which material you don't actually own.

When a company says one thing in big print, and something else in small print far away (there's no easy link to the kindlebook TOS from the purchasing pages), the law has often held that the big print is usually what the customer gets to use.
The big print doesn't say you're buying a license. It also doesn't say you're buying the ebook.

Good luck with that lawsuit.
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