Quote:
Originally Posted by Sporadic
Yeah, but those used books in perfect condition are rare.
With digital copies, every copy is exactly the same as the new one Amazon is selling. There is literally no difference. Nobody would buy new if "used" copies were avaliable for less. If you were allowed to gift them, it would only be a matter of time before people chip in for one copy and just pass it around (it's already happened with Amazon Prime)
We haven't lost any rights because this is uncharted territory. It's a completely different ballgame with digital goods.
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Yes, but mostly no. The "first sale doctrine," is codified in copyright law. When you buy a copy of a copyrighted work you don't have the right to make additional copies of it or to make a derivative work of it but you have always, up until now, had the right to sell it, donate it, loan it to a friend, etc.
Nothing in current copyright law repeals the "first sale doctrine" from digital copies, however, the DMCA does de facto create a barrier to exercising that right when companies insert DRM into the work. It's perfectly legal to sell, give away, donate a digital file you own, be it software, MP3s, or eBooks, provided you remove all such files from any devices you own. What is generally not permitted, however, is to remove the DRM.
As you say, a "used" digital file, is no different than a "new," one. Artists and publishers do need to protect their work. However, the methods used create a terrific burden on the buyer in so many aspects. While there are always early adopters (us) that go along most consumers will not put up with it. Take a look at digital music, once laden with harsh DRM, now forced to soften to an invisible DRM that can be played on almost any player. EBooks are no different.
There is a long tradition of buying books then giving or selling them cheap to friends and family and also of just donating to charities for book sales. While eBooks may be slightly less expensive, they also come with no practical "first sale doctrine" rights. That is ridiculous. It would not be hard for Amazon to set up a system so that you could transfer a book to someone else for a small fee, say $1.00, or to include a free transfer with each book. It wouldn't be a complete restoration of First Sale, but it would be a good start.
Of course the best, most uncomplicated, solution for the book industry and consumers is to sell eBooks with the same invisible DRM now used in music where personal information is embedded in the book but the file will otherwise play in any player. There is a middle ground to protect all interests. Let people pass the book around if that is what they want. The practice been going on for centuries. Why stop now because the books are in bits rather than bound. At any rate, I'm certain eBooks will fail if the DRM isn't lighted up, and that would be a shame.