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Old 09-11-2008, 05:52 AM   #1
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Giving away or lending an Ebook

I would quite happily send anyone on here a paperback I would otherwise throw away so they could have a read or even give it to a charity so they can sell it.

What happens now Ebooks are introduced to the mix?

Can I send you a legally purchased DRM free ebook to read?
Can I lend it my wife to put on her reader If i purchased it?
Can I put it on disc and give it to a charity shop to resell?
Can I sell a disc with them on at a market stall?

thoughts?

Personally I think all of the above are fine with a paperback and are done all of the time so surely it would be ok to do the same with an Ebook? why not?
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Old 09-11-2008, 05:54 AM   #2
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Most DRM formats provide a mechanism to share the book with your friends, family, etc. No, you can't re-sell them, generally speaking; this will be specified by the T&C at the store where you buy the book from.
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Old 09-11-2008, 05:58 AM   #3
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I suppose that one difference is that if you give away a paper book then you no longer have it. But if you give away copies of ebooks then you do still have it.

This could lead to a proliferation of copies, so that the author loses out on royalties. And whilst your family are doubtless honest people, there are others who might put the book on torrent sites.
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Old 09-11-2008, 06:13 AM   #4
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Most DRM formats provide a mechanism to share the book with your friends, family, etc. No, you can't re-sell them, generally speaking; this will be specified by the T&C at the store where you buy the book from.
Good point but i did say non DRM ebooks and Paper backs also contain the same notice in the fronto of books stating not for hire or resale... yet i dont see the police seizing materials from my local secondhand bookstore.

Patricia the author loses out on the royalties if I lend the paperbook around to 4 or 5 people as I and those people wont purchase it (some reference books I may but not a general novel)
The torrent one is a non issue really for me and not relevant! someone could borrow a pbook from me and put it on a torrent!
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Old 09-11-2008, 06:28 AM   #5
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If I can sell my old pbooks, why can't I sell my old ebooks? If I can't sell them, do I own them at all, or am I just renting them? I'm pretty sure I own my paper books, and second-hand bookstores will happily take them.
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Old 09-11-2008, 07:38 AM   #6
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Originally Posted by stustaff View Post
Good point but i did say non DRM ebooks and Paper backs also contain the same notice in the fronto of books stating not for hire or resale... yet i dont see the police seizing materials from my local secondhand bookstore.
That's the first sale doctrine. This is where if you acquire an item legally, like a book, you can sell or give it away without permission from the copyright owner to whomever you please
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Old 09-11-2008, 07:44 AM   #7
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That's the first sale doctrine. This is where if you acquire an item legally, like a book, you can sell or give it away without permission from the copyright owner to whomever you please
So I can give away an ebook to whoever i please legally?
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Old 09-11-2008, 07:45 AM   #8
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Edit.

Last edited by dadioflex; 12-16-2010 at 05:25 AM.
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Old 09-11-2008, 07:53 AM   #9
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So I can give away an ebook to whoever i please legally?
Software is a grey area. Are EULA or other contracts binding when they say you can't resell? Some courts have said yes and some no.
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Old 09-11-2008, 08:49 AM   #10
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Quote:
Originally Posted by HarryT View Post
Most DRM formats provide a mechanism to share the book with your friends, family, etc. No, you can't re-sell them, generally speaking; this will be specified by the T&C at the store where you buy the book from.
He said non DRM!!!
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Old 09-11-2008, 08:49 AM   #11
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PLEASE read the whole Question.
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Old 09-11-2008, 09:44 AM   #12
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Now to take this one step farther.. let's say I wanted to sell my 505 and I put on content that I will never reread that I legally purchased. Can I sell it with this content on it? I should hope so. Some of it could have DRM and some not. But that should not matter. If the content was legally purchased and I won't be rereading it, then giving it away/selling it should be legal (IMHO).
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Old 09-11-2008, 10:11 AM   #13
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I look at the whole thing in another way.
When I buy a paper book, I actually own the paper, not the book. In effect I can't rewrite the story, I can't use the characters in another book I write and so on.
When I own the paper, I get an implicit license for a limited use of what's written in the paper (I can read it, but if the ink fades, I lose it and I cannot have another free or warranty covered copy; and I still own the paper).
Being the legal owner of that bunch of paper sheets, I can do what I want with it, even to light a fire.
I'm not the owner of the printed words in it.

The implicit license for the limited use of the book goes with the paper. So, if I lend or resell the paper, the new owner gets the limited license too.

The same applies to e-books. I own the disk where the book is stored, I can sell it, lend it or burn it. But I can't do nothing withe content of the book (not even read it in the device of my choice, in some cases).
So when I buy the e-book, I'm buying the bytes of it, non its content. Actually I'm buyng nothing at all (and I pay a fair price for it!!!!). The e-books, which I don't own, comes with an explicit license for a very limited use (more limited than p-book...).

An e-book is more like a movie theater ticket than a p-book.
The difference is in the fact you can read a book more than once with the same ticket, but sooner or later it will be changed and reders will be charged per page display.

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Old 09-11-2008, 10:14 AM   #14
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Ah, slightly off-topic: in my country I can't read aloud in a public place the book I bought.

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Old 09-11-2008, 10:31 AM   #15
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You can in most countries legally copy the paper book and then lend the paper book to a friend.
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