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Originally Posted by astrangerhere
I would imagine that the major issue here is that there is no way for the seller to prove that he is not keeping his own duplicate copy, which would be an infringement issue.
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Just as major an issue is whether we own the material that is being sold in a secondary market. For physical media, the first-sale doctrine has been upheld. But there is a compelling argument that we don't buy the books, we buy a license to put the books on our electronic devices.
Most of us would recognize that we can't buy a single Season Pass to Six Flags and then resell it throughout the community each day based on who needs it.
I look forward to the courts clarifying whether we actually own ebooks and mp3 songs.