Wow. I lied. I'm still here.
Quote:
Originally Posted by Elfwreck
Amazon's EULA can't prevent used Kindles from being sold with the books already on them, because those books were sold, not licensed; it doesn't matter what Amazon says about them, because the terms of money-exchanged-for-book-access matches the description of a sale, not a license.
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I think this is where we all disagree. A few of us have developed this theory that despite how the seller describes the product we decide it doesn't match a definition. Others (such as
this article) say they're licensed because that's what you agree to when you give money to Amazon.
So, in the courts we'd have Amazon's explicit text:
Quote:
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Digital Content will be deemed licensed to you by Amazon under this Agreement ... Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any rights to the Digital Content or any portion of it to any third party, and you may not remove any proprietary notices or labels on the Digital Content.
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versus your application of a statute that may supersede that text by describing the transaction in a way that makes the contractual agreement null and void.
We'll hope they ignore that your giving Amazon money for a book that resides on their servers and is simply linked to your account to be downloaded to licensed devices seems (each time signaling your agreement to their license terms) almost exactly like the WoW connection situation (substitute "Kindle" for "disk" in your text and we're all talking about the same thing). But of course they will because we've seen it demonstrated the two are totally different.