Quote:
Originally Posted by taustin
The legal standard in most states (and it varies considerably, of course) is that you 1) paid a one time fee, and 2) got an indefinite term of use. If so, then in California, at least, it's a "sale of goods," not a license, and once it's a sale of goods, the first sale doctrine applies. And licensing terms do not, because copyright is governed by copyright law, not contract law.
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The whole thing is untested in court because *author* contracts usually specify much higher royalties when their books are licensed to a third party.
Right now the publishers are telling authors ebooks are sales (and paying them that way) while telling readers they are licenses.
Sooner or later that double talk is going to get tested.