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Originally Posted by leebase
And so, at the start of the discussion, we can see that digital goods HAVE to be treated different than physical goods. To not do so would change the financial equation for authors drastically, and could likely end the profession of book writing.
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Only if the publishers are going to provide support for digital products that isn't available for physical ones--upgrades that work on new hardware, customizable viewing/usage settings, clear explanations of usage limitations & refunds for incompatible purchases because of publisher error, and so on.
When I buy a record album, I don't automatically get the CD version. But when I upgrade my music collection from vinyl to CD, I can sell the vinyl discs to someone who still wants to listen to them that way. When I buy an ebook, unless I can sell it when I'm done with that version, the publisher should be handing me the new DRM'd version for my new machine--or my new software. Or refund my money when it's no longer compatible with my setup.
Ebookstores should be clear about how DRM works--not just "click here to install the program," but "this ebook only works under [OS] and with hardware [X]; it is compatible with the following devices [a, b, c] only." (And, of course, "not available in the following countries ..." needs to be mentioned *before* you click "add to shopping cart.")
If I'm buying "limited use of product," the terms of use need to be spelled out before purchase. (Also. Authors need to check their contracts for the
differences in royalties between licenses and sales.)
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where a copyright owner transfers a copy of copyrighted material, retains title, limits the uses to which the material may be put, and is compensated periodically based on the transferee’s exploitation of the material, the transaction is a license.
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Amazon doesn't get periodically compensated for use of Kindlebooks. They don't limit when & how you can read them (you can load to your computer & read anytime; or hand your Kindle around to anyone), and they don't claim the right to revoke your copy under some circumstances.
If they *did*, people wouldn't pay $10 for the kindlebooks.
If publishers *treated* ebooks like licensed use products, instead of purchases, there'd be a lot less complaining about them.