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Originally Posted by HarryT
I'm afraid I think that you're on very "shaky ground" here. It strikes me as being the same situation as photocopying a paper book, selling someone the photocopy, and trying to "legitimise" that by saying "I promise that I'll keep the original on my bookshelf and will never take it down from there".
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No, that's not the same. In this situation you are selling them the one and only copy that you have in your posession. However, the bookstore that you bought the paper book from has a service where they will replace the book for you if it becomes lost/damaged. Yes, you can still request that the bookstore issue you another one after you have sold your only paper copy, but you do not have additional copies in your possession, they are in the bookstores warehouse.
In the eBook case, just because Mobipocket will let you download another copy does not mean that you have another copy. Those files are on the bookstore's servers, not your own. Ideally you would request that Mobipocket remove the files, or request that the paper bookstore not provide you with any additional copies, but that's just a technicality. Copyright infringement would not exist until you obtained additional copies.
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I may of course be wrong, but it seems to me that the important point is the fact that you still have access to the original, regardless of whether or not you actually access it.
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No, Mobipocket has those files. You don't unless you request another one from them (IE, download another copy). Just because you potentially have the ability to create additional copies does not mean that you are in violation of copyright. You would actually have to create them for infringement to occur.
There are lots of laws that I have access to break right now, but I haven't done anything illegal unless I actually break them.