Quote:
Originally Posted by JD Gumby
Unfortunately, ebooks are considered software and thus considered to be a service rather than a product (like a physical book is), therefore they can get away with forbidding resale or any other transfer between people.
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Selling of used software licenses was
ruled legal in the EU last year. Not sure of the situation in the US or Canada though nor where the OP is from.
Quote:
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Where the copyright holder makes available to his customer a copy – tangible or intangible – and at the same time concludes, in return form payment of a fee, a licence agreement granting the customer the right to use that copy for an unlimited period, that rightholder sells the copy to the customer and thus exhausts his exclusive distribution right. Such a transaction involves a transfer of the right of ownership of the copy. Therefore, even if the licence agreement prohibits a further transfer, the rightholder can no longer oppose the resale of that copy.
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Whether you could apply that to ebooks and whether you'd have to face a similar court case battle if you did, the OP would need to speak to a lawyer and make a final decision.