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Old 04-11-2009, 06:09 PM   #24
sirbruce
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Posts: 1,859
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Join Date: Feb 2009
Location: Columbus, OH
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Quote:
Originally Posted by amgoforth View Post
That is really what this thread is all about. How does the trading or giving of ebooks compare to the same on pbooks, taking into account the First Sale Doctrine? Is there that much difference between getting a book for a quarter at a thrift shop etc, and getting it online, or something like that, for free?
I don't see any good reason (one can construct a legal argument either way) that ebooks should not also be subject to the first sale doctrine. Furthermore, I think many courts have clearly been ruling recently against the idea of EULAs and of software being "licensed" instead of "sold". Thus I think there's a very good chance that if someone legally challenged the existing ebook "rules" they would win. But it would require time and money and someone willing to do it.
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