Quote:
Originally Posted by SleepyBob
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.
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There is case law both ways. In Softman v. Adobe, in California, the court ruled that if you pay a single fee and get indefinite use, it's a sale, not a license, and the first sale doctine therefore applies because copyrights are governed by copyright law, not contract law. Other states have rules such licensing restrictions enforceable. It will be years before this gets hammered out, and it may very by state when it is.