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Old 12-27-2011, 06:15 PM   #23
taustin
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Quote:
Originally Posted by Terisa de morgan View Post
I'm afraid there's a mistake here. When a company is selling a physical good, the place to define if they have right to sell it to you is ITS localization, so it doesn't depend on the buyer. However, when they sell a service (ebooks are services), the place to define if they have right to sell to you is YOUR address. So, they don't have to do anything, law is different in both cases.
Er, no. Mail order is considerably more complicated than that, but for most purposes the location of the sale is more the buyer's location than the seller's. That's why a company that has no presence is a particular state cannot be made to collect sales tax for sales to people in that state. But it's really not that cut & dried, and has more to do with the first sale doctrine than anything else. The wholesaler can't be bound by the restrictions of the contract between the author and the publisher without risking stepping on anti-trust laws, and the first sale doctrine doesn't apply to a license.
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