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Old 07-25-2012, 03:09 PM   #162
GreenMonkey
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Posts: 945
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Join Date: Jun 2010
Location: Michigan
Device: Nook ST glow, Kindle Voyage
Quote:
Originally Posted by HarryT View Post
You are buying. You're buying a licence.
Apply that to cars. You're not buying a car, you're buying a license to use a car. And here's all the restrictions...

Apply it to paperback books. You're not buying a book, you're buying a license to read this book. And here's all the restrictions...

You could claim anything is a license. But if you pay for it upfront (not regularly), it doesn't expire...it's not really a license.

Kind of the like the old statement that about ducks...if it looks like a duck, quacks like a duck...

Which is what Elfwreck was saying...

Quote:
Originally Posted by Elfwreck View Post
The legal cases that established the first-sale doctrine also involved contracts stating something like "this is a license, not a sale." The courts ruled that if the exchange of product-for-money acted like a sale, it was a sale, regardless of the terminology used..
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