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Old 11-01-2009, 01:41 AM   #16
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I don't care what the seller's "intent" is, when I buy something. It doesn't come with a usage contract that says "you must read books the way we want them to be read." I don't buy books with an understanding that I'll be the only person reading them.

If I buy a car, it's not the seller's choice whether I drive it on city streets, for long freeway travel, or on closed race-courses that will burn out the clutch in a couple of months. If it's properly insured, I can share it with a pool of friends; we can arrange it so whoever needs a car can pick it up at a pre-established location and drive off with it. It doesn't matter what Ford or Toyota thinks it's supposed to be used for.

If I buy a set of crockery, the store doesn't get to tell me whether I shall cook with them in the oven, or the microwave, or smash them into pieces for an art project.

"Intent" is for personal relationships. For gifts among friends; sometimes, for sales among friends. If I buy my friend's pottery, she'll rightfully be very upset if I smash it for art projects.

I don't have a personal friendship with Barnes & Noble, and they have no legal or moral right to tell me how to use their products. I'm fairly sure they don't have a legal right to restrict loaning to one time, or a certain number of days. They don't have a legal obligation to provide more than that--but they don't have the right to restrict further loaning, if someone figures out how to do it.
Legally, the author, publisher, or seller can each restrict what you do with it. It is in the license when you purchase the ebook.

I know that some on this site may not like that, but it is the law.
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Old 11-01-2009, 02:07 AM   #17
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Originally Posted by scveteran View Post
Legally, the author, publisher, or seller can each restrict what you do with it. It is in the license when you purchase the ebook.

I know that some on this site may not like that, but it is the law.
No, they can't. There's no such thing as a "purchase license." If you purchased it--instead of rented it or licensed-it-for-use--you get to decide how to use it. That's been to court more than once, with various bits of copyrighted material (most recently, software that was resold on eBay; previously, movie film that was sold with the expectation that the pictures would be erased & the film used as scrap).

It's also been ruled that if there's no expectation of return of the material (or expiration date for some software), it's a purchase, regardless of what the sales terms say.

A coffee-machine maker can label his devices "For weekend use only" and "for weekday use only," with the intent of getting people to buy both, but he can't legally enforce that.
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Old 11-07-2009, 01:36 AM   #18
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No, they can't. There's no such thing as a "purchase license." If you purchased it--instead of rented it or licensed-it-for-use--you get to decide how to use it. That's been to court more than once, with various bits of copyrighted material (most recently, software that was resold on eBay; previously, movie film that was sold with the expectation that the pictures would be erased & the film used as scrap).

It's also been ruled that if there's no expectation of return of the material (or expiration date for some software), it's a purchase, regardless of what the sales terms say.

A coffee-machine maker can label his devices "For weekend use only" and "for weekday use only," with the intent of getting people to buy both, but he can't legally enforce that.
Yes, it has to been court, and most jurisdictions have disagreed with you. The big exception has been from a single judge in the same 9th circuit that gets overridden so much IIRC.

Let me add. You go ahead and make some copies and give it to others and let the police know then tell us how it went for you.
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Old 11-08-2009, 01:10 PM   #19
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Yes, it has to been court, and most jurisdictions have disagreed with you.
Where are the other rulings about re-selling or transfer of digital content? Which courts have ruled that "non-transferable" was an enforceable legal aspect of the sale?

Quote:
The big exception has been from a single judge in the same 9th circuit that gets overridden so much IIRC.

Let me add. You go ahead and make some copies and give it to others and let the police know then tell us how it went for you.
There's no right to give away *copies.* And the technological difficulties of giving away "originals" has prevented some activity in this area. However, many people sell ebook readers or computers loaded with content, and haven't been sued or arrested for it.
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Old 11-08-2009, 05:34 PM   #20
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Actually, I think a sharing site is a good idea. I could read a book I was not sure about and if I liked the book enough, I would buy it (as well as any sequels). With the fact that ebooks can be expensive, this would give a convenient way to try before you buy.
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Old 11-10-2009, 03:12 PM   #21
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I really like the sharing site idea
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