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Old 01-28-2010, 04:11 PM   #142
Elfwreck
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Location: SF Bay Area, California, USA
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Quote:
Originally Posted by thename View Post
Actually, all of what you just stated is--by most definitions that the stores and publishers have embraced--technically piracy as by converting or backing up copies of a Kindle book you are violating the license you agreed to by purchasing said item...
Some contracts are legally null; agreeing to them is meaningless, because they weren't legal to begin with. (A contract that says, "we will supply your shipping company with boxes for $1.00 each, plus you will allow our delivery people to have sex with your warehouse workers," is not legally enforceable; taking the $1 boxes and refusing the sex is not a violation of contract.)

A bookstore can say, "you may only read books you buy from us on Sundays." They can't expect *enforcement* of that, and their only recourse, should they discover people reading on Thursdays, is to stop selling to those people--they can't sue them for breach of contract, and can't have them arrested for "stealing their profits" for reading "Sunday books" instead of buying extra "Weekday books" for reading on other days.

Some DMCA restrictions clash with rights copyright law acknowledges. Since those rights are tied to basic Constitutional principles in the US (freedom of speech being the most notable), I'm going to believe that copyright law is more relevant.
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