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I think it's a tough call. It really depends on the details of how it occurs. If I were to gain access to the .doc file of The Da Vinci code, do I have the right to give it away? No, so why would giving it away via selling be any different*?
*Assuming that I keep a copy. If I don't keep a copy, then it's more like the case where you own a copy of the book and want to resell it
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