Quote:
Originally Posted by Elfwreck
Some of the key aspects of "sale" vs "license" were "unlimited time" and "no expectation of return." It was ruled that you can't say, "we've licensed this to you forever, and you can only use it in the following ways, but we don't ever expect to get it back and you don't have to make any more payments."
Amazon does claim to license ebooks, not sell them, but whether that's actually what's happening legally hasn't been established.
|
Yep. And if they want to legally insist that it's not a sale, they might wanna take a long hard look at that "BUY NOW" button. Under that, I see "How Buying Works", where Amazon refers to the transaction as a "Purchase". Nowhere is there an asterisk on those words, no little footnotes to say "
well actually not a buy or a purchase at all, HTH.".
In the Managing Your Kindle section, again purchases are referred to as "purchases". In the Gifts section, as "gifts". You have to burrow deep into fine-print T&Cs before there is any mention of licensing. Under Australian consumer law, you can't do this. If your large-print/first-contact page/advertisement/whatever says "BUY", but you're not selling, you screwed up.