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Originally Posted by snipenekkid
even without DRM I have yet to find a TOS/EULA which allows one to resell an ebook purchased, even from Baen. So to say those are books someone "actually own" is just a tiny bit misleading and incorrect in all but maybe a few isolated cases.
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Unfortunately, snipenekkid is right. I haven't looked at all cases, but take Smashwords,the first publisher listed at Open Books. They license the copy, not sell it. Here's their applicable license to the buyer (End User) for the book you get from them:
It starts with:
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10. End Users. “End-Users” who pay whichever fee is set by the Author to purchase a Work are allowed to use each copy of the Work in any reasonable non-commercial manner in compliance with copyright law and pursuant to this Agreement.
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You would think that the words "purchased" and "reasonable" would imply you get the same rights as you get when you purchase a regular paperback, but the very next subsection says:
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10a. Rights of Use.
1. Purchased works: As End User, you acknowledge that all Work furnished by Smashwords is licensed for the use of the End Users of the Site and may not be sublicensed or resold. If you purchase a work, you hold a non-exclusive, non-transferable, and non-distributable right of use. In other words, you are free to enjoy it for your own use, but you are not authorized to share, sell, or distribute the work to others.
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They still stick to the idea that the copy you buy is not yours, it's licensed to you to use.
I hate to say it, but it gets worse. If you buy the ebook, you have agreed under certain (probably very limited) circumstances to indemnify them (pay them for damages they suffer) and pay their attorneys:
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13a. General. You (Author or End User) will indemnify and hold Smashwords and its licensees, successors and assigns, and its and their distributors, customers, officers, directors, members, employees and agents, harmless against any expense (including, but not limited to, reasonable attorneys’ fees and disbursements) or judgment, settlement or other liability arising out of any claim or legal proceeding asserting claims contrary to any warranty or representation made by You in this Agreement.
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There's nothing unusual about all this. I certainly applaud Open Books and Smashwords for selling DRM-free. All the DRM restricted books have even worse restrictions, but this does highlight the underlying "license not sell" mentality that surrounds ebooks. I'd like to see a simple statement when I buy an ebook that I'm actually buying it, and if I want to lend it to my brother or give it to my mom, I can do so without running the risk of getting sued.