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Old 07-11-2009, 11:03 AM   #220
Elfwreck
Grand Sorcerer
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Posts: 5,187
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Join Date: Nov 2008
Location: SF Bay Area, California, USA
Device: Pocketbook Touch HD3 (Past: Kobo Mini, PEZ, PRS-505, Clié)
I'm really unsure about the idea that "the court has the right to order the destruction of copies" meaning "the person who purchased those copies, doesn't have legal ownership of them."

A court can order a building torn down for being unsafe, but that doesn't mean the court, or the county, owns the property. A court can order medication to be destroyed if it's causing health problems; that doesn't mean it's not owned by the people who bought it. Ownership rights can be infringed by various laws and rulings; that doesn't mean the legal state of ownership vanishes at that time.

This, of course, is all sophistry. Amazon wants to claim that it doesn't sell ebooks at all; it licenses them. The fact that the button for "send us money to read this" is called "buy this book" not "license the use of this book" indicates that they know how well that argument would go over if they made it explicit.

I am, however, enjoying figuring out how ebooks can fit into the larger legal picture. And I am listening, even when I'm arguing. I understand that sometimes the law is going to be, from my perspective, wrong and stupid, but it's still the law.
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