06-29-2009, 12:20 PM | #31 | |
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I'm mainly using Kindle 2 and Kindle DX for the moment, plus iRex iLiad for PDFs. So i could sell, just as an example, my BeBook + about 400 Books in Mobipocket format. I'd have to check, but I guess I've paid about € 4.000 for these Books. Given my actual choice of readers, I wouldn't need the Mobipocket files anymore. I have no idea, what anyone would be willing to pay for the books. But I'd hope, the price for the reader at least would double. Well worth considering (especially, if I'd do the same for my Sony 700. Or spread the Mobipocket files evenly over BeBook and Cybook, 200 on each, no doubles of course). But not at all worth any legal disputes of course. |
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06-29-2009, 12:39 PM | #32 | |
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Just because a company is a "good guy" doesn't mean they won't put in standard terms in a contract even though those terms are not enforceable. However, it does mean that those individual terms are null and void, even though the rest of the contract still applies. US courts have already ruled on what defines a "sale" versus a "license". There hasn't been a case specifically for eBooks that I know of, but the precedents have already been set. |
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06-29-2009, 12:42 PM | #33 |
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DRM eBooks are copyrighted!!
Dear All:
I think you have to look at the INTENT. The intent is to prevent the passing of copyrighted books to others. This can be done by sharing the eBooks (which the PID helps prevent) and by selling the eBook Reader with the PID on it. Either one is illegal. You have to ask yourself: "DO I Feel Lucky" (in the immortal words of Dirty Harry)? Will you likely profit and have no problem (likely yes) but IF this gets too big then you can bet there will be legal hell to pay. I advise against it. |
06-29-2009, 12:45 PM | #34 |
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HarryT has the right angle. Regardless of the legality of a vendor's rules if you participate in them you have agreed to them. Doesn't make sense to me to be forced to agree to illegal terms to be able to make a purchase but if you did then you did.
As far as reselling DRMd material I'm all for it. I bought the copy and should be able to transfer it to someone and they should be able to transfer and so on, just like a regular book or cd or dvd or painting or whatever. Making an unauthorized copy breaks the rules. Being that it is an electronic format and DRM really isn't mature yet makes for a whole lot of trouble. I sure hope technology advances soon. I see that the only way for this to really get worked out is that it is going to have to happen a lot and get challenged. --edit-- Oh and one other thing I was thinking about - wouldn't one think that the cost for a limited license electronic version of a work should be less than a fully transferrable printed version? Last edited by rrburton; 06-29-2009 at 12:47 PM. |
06-29-2009, 12:48 PM | #35 | |
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This is an illegal term... certainly, nobody thinks it would be reasonable for an ISP or a website to add to its terms, "all members who had accounts before June 1, 2009, will be billed an extra $500 this month." And especially not, "all current members of the site must buy dinner for any site employee if they ever meet IRL." Some terms are so ridiculous they can be ignored; any company that expects them to be accepted is counting on people's sense that "rules" are more important than ethical behavior. They are expecting rules-followers to encourage others to follow rules (which is reasonable on its own)... and they are counting on people assuming that the rules themselves are backed by force of law. They are expecting people to fear legal reprisal, not moral twinges, for breaking their rules. They are engaging in open deceit of their customers... and I do not reward such behavior by agreeing to their terms. |
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06-29-2009, 12:52 PM | #36 | |
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The *intent* is to insist on one payment = 1 reader, which is not a legally-enforceable desire. The means they are using is copyright law, which is an odd thing to stretch in that direction; it mostly works for ebooks, but as storage media get cheaper, it will have problems. It's legal to sell a memory card packed with purchased ebooks, if they are not "illegal copies." It's unclear what an "illegal copy" is, of a book you've legally purchased. |
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06-29-2009, 12:55 PM | #37 |
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06-29-2009, 01:14 PM | #38 | ||
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My question to you is why is selling used eBooks illegal but selling used software legal. Both are digital content and both commonly have some sort of DRM scheme. Also what makes the selling the media with DRM scheme any more illegal/unethical than without a DRM scheme. ...it is not the DRM you are buying it's the media. Quote:
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06-29-2009, 01:24 PM | #39 |
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06-29-2009, 01:31 PM | #40 | |
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You paid for a limited, temporary access to the contents of the books, completely out of your control. And, yes, I believe it's just plain wrong to make a customer think he has purchased a book when he actually has not. It may be legal, but it's really a bad thing to do. Last edited by Format C:; 06-29-2009 at 01:34 PM. |
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06-29-2009, 01:37 PM | #41 |
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I'm not sure. When I buy a DRM Mobipocket book, I download it to my computer and, later, I send it to my PDA (or my cybook). I needn't to access at any other moment to the server (same with my .lit files for my computer). Where's the temporary access?
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06-29-2009, 01:47 PM | #42 | ||
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06-29-2009, 01:50 PM | #43 |
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It depends on where you are. US courts have said in the past that contracts which say you are buying a "license" are generally only valid if you are expected to return the product. An ebook sale means that you did pay for the book and have the right of first sale, regardless of what terms the company put on their website.
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06-29-2009, 02:20 PM | #44 | |
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06-29-2009, 02:36 PM | #45 |
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"you do it linked to a device" : Actually, isn't it (in Mobipocket's case) 4 devices = 4 PIDs? Following that logic, I could sell 4 of my readers, each of them fully loaded with my entire library?!
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