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Originally Posted by HarryT
You are buying. You're buying a licence.
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You're buying what Amazon calls a licence, whether or not it's a licence in the legal sense can only be determined by a court. Based on existing jurisprudence I have strong doubts -- which doesn't prove a thing
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I doubt anyone would get sued, but Amazon have illustrated their willingness to close people's accounts who violates their terms of service, and re-selling an eBook is most assuredly a violation of Amazon's terms of service, regardless of the law. A private seller such as Amazon is perfectly at liberty to impose terms of service which are more restrictive than the law.
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There I have to admit I am not familiar enough with US law. I know in Europe a corporation would have a hard time arguing it has the right to refuse to do business with a private customer if the customer uses products purchased in an strictly legal manner. Generally that is not an issue, since customer tend to move on. When corporations have large market shares, that gets more tricky and there's some customer protection. In the US law tends to lean a bit more towards corporate interests (to use an understatement), so it could very well be different.