Quote:
Originally Posted by tompe
That is not how it works. In the contracts you have licenses to sell the book in different countries. If you do not have any licenses at all you cannot sell the book. The contract does not say that you are prohibited to sell the book in certain countries.
|
That is considering that's everything not allowed is forbidden.
For me, georestrictions are trying to apply a material age provision to digital services. For some things that might work, evidently not here.
For most material sales, it is actually not relevant where the buyer lives, only where the sale takes place. And, by the nature of a material sale, it is also very clear where the sale takes place: there where the goods are handed over to the buyer or start the transfer to the buyer.
With regards to digital sales, the definitions are quite a bit harder to define, since no material transfer of good takes place. Even the location where the bytes start the transfer might be hard to figure out -- often servers are not located in the country where the seller is located.
From my point of view, a sale takes place there where the financial transaction takes place. If I buy something in a German web-shop, and pay with me credit-card, I consider the transaction has taken place in Germany, regardless where I am located. Especially, since as a customer I don't know any better then the servers are located in Germany, and hence transfer of the information starts there.