AFAIk there has been no legal decision made in any country as to whether first sale doctrine rights apply to digital content although although it seems that the legal opinion of the US government is no.
Quote:
The First Sale Doctrine Defined:
“First Sale Doctrine refers to the right of a buyer of a material object in which a copyrighted work is embodied to resell or transfer the object itself. Ownership of copyright is distinct from ownership of the material object. Section 109 of the Copyright Act permits the owner of a particular copy or phonorecord lawfully made under the Copyright Law to sell or otherwise dispose of possession of that copy or phonorecord without the authority of the copyright owner.
Commonly referred to as the "first sale doctrine," this provision permits such activities as the sale of used books. The first sale doctrine is subject to limitations that permit a copyright owner to prevent the unauthorized commercial rental of computer programs and sound recordings.” US Government Publication 04-8copyright. http://www.cendi.gov/publications/04-8copyright.html
One of the ongoing discussions about copyrighted ebooks is whether the “first sale doctrine” can be applied to a digital book. Can a person sell a used copyrighted ebook?
Right now, the US Government as well as most other governments say no. (see iTunes White Paper link below)
Look at the US Government definition above to see one of the reasons why. First sale doctrine only applies to a “material object” like a paper book. A copyrighted digital book isn’t an object, it’s content, and content can’t be copied and, therefore, can’t be resold.
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http://www.cendi.gov/publications/04-8copyright.html
From:
http://marilynnbyerly.com/firstsaledoctrin.html
Not saying this is the current status of the law for sure, but seems to me that it is and the only way the terms of sale of Amazon or anyone else affect this is that if they give you permission to sell your ebook etc.
Anyone with different or more recent government decisions relating to resale/and or personal lending of ebooks, please share.
Helen