Quote:
Originally Posted by JoeD
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.
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Strange how I forget the most obvious things. I'm in the US & this is what I worried about. Not that I wouldn't prevail but that it'd take a court case to do so. Much as an IRS audit most of the cost is in the process, not the outcome. (I'm reminded of the medieval 'penalty' for a nobleman mildly displeasing the king. The king would take his court & 'visit' the nobleman for a month or two. The cost of housing/feeding/etc the court would often bankrupt the nobleman.) I appreciate the link to the EU case.
@Gumby, do you have a reference for that? Yes, software is considered a service-by the publisher. It's generally been considered a product by the courts though. And even a license for services can't (legally) prohibit resale although they can impose conditions (such as pre-approval of the buyer) that can effectively do the same thing. (Airlines have tried to block the resale of tickets but the most they've been able to do is impose a drastic 'change fee'-and get the US govt to set up a 'no-fly' list they can use to prevent anybody they want from flying. The 'no-fly' list is secret, of course, so if they tell you your name's on the list you have no way to verify that. Nice scam.)