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Originally Posted by Parataxis
Errr, did you miss the bit where I said "it would be much more in compliance with the doctrine if the DRM was set to ensure that if you did lend or sell your copy, you no longer had access to it"
Obviously, there are different modes of action between digital property and more traditional property. That said, allowing the sale of a digital book (and the destruction of your copy) seems much more in line with the first-sale doctrine than preventing said transfer.
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Did you miss this part?
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Looking to the first sale doctrine, when you buy a book, you do not get the right to photocopy the book, destroy the original then sell the photocopy. You can only sell the atoms; the license to the bits transfers with the atoms.
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When you transfer the bits, you are making a copy regardless of the destruction of the original.
IANAL