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Old 11-27-2017, 11:19 PM   #264
DNSB
Bibliophagist
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Quote:
Originally Posted by Apache View Post
I do not see how this violates the author's moral rights if I am giving the book to a friend as a gift. There isn't any difference between this or buying a book and having it sent directly to said friend.
Apache
The problem is that most ebook licenses prohibit a transfer of ownership unlike physical books where the original purchaser is allowed to do what they want after that first purchase.

One example I have around from Amazon/Kindle reads: "Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any rights to the Digital Content or any portion of it to any third party, and you may not remove any proprietary notices or labels on the Digital Content."

Another example is: "Without express written consent, you may not assign your rights and obligations under this agreement, or redistribute, encumber, sell, rent, lease, gift, sublicense, or otherwise transfer your rights to the ebook."

After one friend passed away, his family attempted to obtain that consent so his wife could continue to legally read and study using their joint library. Their son spent hours jumping through the hoops to supply the requested proof of death only to get the response was that they could not grant permission. According to one legal opinion, denying consent was iffy since British Columbia is a community property province so legally when he purchased the ebooks, the purchase belonged equally to both spouses unless evidence existed proving the contrary.
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