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Old 02-05-2010, 04:53 PM   #91
Elfwreck
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Location: SF Bay Area, California, USA
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Quote:
Originally Posted by jmaloney View Post
I actually spoke to an Intellectual Property lawyer about this. The difference between physical books and ebooks is that the very act of downloading an ebook means that you're making a new copy of the ebook. The first sale doctrine only applies the the original product: I can't, for example, go out and buy a physical book, make copies of it and pass around those copies. This is why the legality of lending ebooks is not as straightforward.
Who owns the original product? Macmillan? Fictionwise? Someone in between them?

When I buy an ebook, isn't my first download *my* original product? Certainly, if I buy a print-on-demand book, that printout is my original product to sell or loan as I wish, regardless of who has the original digital file. How is my download of an ebook I purchased different from a printout I purchased?
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