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Old 01-13-2011, 12:50 PM   #28
saoir
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Posts: 188
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Join Date: Jan 2009
Location: Ireland
Device: Kindle Paperwhite
A lot of nonsense is being written here about it being illegal to sell or lend eBooks.

Firstly under the law in the UK and US it is not the case that sellers can just sit back and add in any old conditions into their TOS and have them enforced by the law. It just doesn't work that way. And no court has yet made a definitive judgement on the case of these conditions of sale and eBooks. Otherwise Ford could include conditions about only driving on specific quality roads, or only allowing four people in the car. What nonsense.

Secondly Amazon and other sites use a "BUY" button. That in and of itself commits them to selling you the eBook outright.

We however have to be careful about what is meant by sell and lend. If I want to sell you my eBook, then even under the normal accepted and traditional copyright law, I have to delete my own copy. I think that is fair.
In addition if I want to lend you my eBook, I would again need to delete my own copy. When you return it you would need to delete your copy.

Too many people have written all over the web about the 'fact' that it is illegal to sell/lend. No law makes such a statement. No law deals with eBooks or text in an electronic format. The closest it has come is referring to software and software games. Even in this area no court has made a definitive judgement about selling on purchased software. There has been a mix of decisions, some of which have gone completely in favour of the customer.
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