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Old 09-08-2007, 08:15 AM   #72
JSWolf
Resident Curmudgeon
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Posts: 74,015
Karma: 128903378
Join Date: Nov 2006
Location: Roslindale, Massachusetts
Device: Kobo Libra 2, Kobo Aura H2O, PRS-650, PRS-T1, nook STR, PW3
Let's say I have an extensive library of Sony books purchased via the Connect Store. Let's say my Reader was damaged and I did not feel like replacing it with another Sony but wanted to replace it with a v9 instead since it will handle PDF much better. Now I have all these electronic books that all I can do is read them on my computer using Connect. That's not a very nice way for me to read them. So, I want to sell them to someone with a Reader who would be able to get some enjoyment out of these books. I suppose in this case, I could see m account along with the books so the reader could be authorized via that account and those books downloaded and read. But really what I want is just to sell the books and have them usable on someone else's reader. DRM prevents me from selling. Now if I was to take all the MS Reader and MobiPocket books I have purchased and wanted to sell them, I can as the DRM can be broken.

Given the law in the USA, the exception says that the LIT format books can be stripped of their DRM because the reader feature of MS Reader is disabled. So I go ahead, break the DRM, and sell the LIT books. That's legal.

The MobiPocket books may or may not be allowed to break the DRM and then sell them. MobiPocket Reader does not have a read aloud feature so the exception does not apply. But, if the person I sell my MobiPocket books to has a program to strip the DRM and all that person needs is my PID, then legally there is nothing to stop me from giving the buyer my PID to be able to strip the DRM. Heck, for MS Reader files, all I have to do is give my key file away for use with CLIT to use to break the DRM.

So the answer is buy only books in a format where you can legally break the DRM and then you have the right to sell the books as long as you no longer have kept any copies of the electronic versions.

I have seen a lot of auctions on ebay for illegally downloaded books. But if I was to sell my legally purchased LIT files sans DRM (on ebay) it would be my legal right to do so.
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