Quote:
Originally Posted by ZacWolf
Interesting, as this concept actually does apply to software... For example, if you buy an older version of something at a yardsale, discount-bin, etc (even if the media is damaged). The "license" is the software not the media, so you can download the full software [often from the manufacturer], but more importantly it gives you access to a newer "upgrade-only" version. I actually do this all the time.
This is the problem it seems that each content "type" seems to have it's own legislation, which suddenly fails in the digital age...
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I'm assuming you get the upgrade/new copy from the vendor. If that's the case then it'd be like writing to the author (or maybe publisher, but you'd likely have better luck with the author), explaining how you bought the book but are unable to read it, yada, yada, yada.
They own the copyright so, if they choose, they have the right to give you a new copy. Or a new version-but it's their choice, not your right.
And then there's the rights they give you under contract law. If they offer the upgrade based on ownership of the a prior version, without specifying that the prior version must still be usable, that's their perogative. AFAIK you have no rights to the upgrade under copyright law, only under contract law. But I could be wrong about that. As always, IANAL.