Sigh, back in.
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Originally Posted by Shaggy
It has yet to be tried in courts, but it is pretty clear that eBook retailers do not operate under this model. I have never seen one state up front that you only purchase the eBook for a limited time, or that the retailer will terminate your access.
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I think your "time" constraint on the license is (again!?) too narrow a reading of that judgment and your assumption that most ebooks are sold and not licensed is--I think--misinformed.
Sony Reader:
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You understand and acknowledge that in all circumstances your rights with respect to Content will be limited by copyright law and by these Terms of Service.
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These Terms of Service shall remain in effect until terminated as provided herein. These Terms of Service and your right to use the Service is subject to immediate termination, without notice, (a) if you breach (or we reasonably suspect that you have breached) any provision of these Terms of Service, or (b) upon our discontinuation of our dissemination or support of the Service.
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Kindle:
Quote:
Digital Content will be deemed licensed to you by Amazon under this Agreement unless otherwise expressly provided by Amazon.
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Your rights under this Agreement will automatically terminate without notice from Amazon if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Software and Amazon may immediately revoke your access to the Service or to Digital Content without notice to you and without refund of any fees.
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Fictionwise:
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You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
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By downloading Fictionwise eBooks, the User hereby acknowledges and agrees to these terms.
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What you have--in general--are explicitly limited licenses to use a digital product that terminate upon violation of the terms of service/EULA. Hence the vast majority of ebooks have such clauses and are liable to fit even your reading of the judgment.