Quote:
Originally Posted by Shaggy
Actually what the courts have said is that the fine print in a license agreement doesn't matter. Their shop can not say that you are buying an eBook, and then later claim that it was really only a license.
Read the Autodesk case, it will explain the difference.
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And herein lies the difference. By
giving Amazon money for the ebook license (they are very much upfront about what you are purchasing the moment you look around the site) you agree to that license to download and read on their devices. You've cited 3 cases all of which are similar in general but differ in certain aspects. To me (and others who read them) they're pretty clear that you are agreeing to buy a license to use a non-physical work and are therefore bound by the license terms. The fact that
you think they're offering a "sale" and not a "license" is your interpretation that you believe is held up by these rulings. Others of us feel that you are incorrect and the rulings are on Amazon's side.
Re: Autodesk. I agree there's a difference here. It's a physical piece of media conferring the right to use the software (much as a physical book confers the right to read it, give it away, sell it, etc.). First use is all over that thing. But a Kindle book file (downloaded and assumedly DRM-stripped?) would seem to confer no such first use due to Amazon's ToS (not to mention the definite DMCA-violation of stripping the DRM). I understand you read the Autodesk ruling in exactly the opposite manner but ... that's my reading. Anyone else?
So, you feel free to counsel people on their rights (their right under first sale but not under Amazon's ToS) all you want. And I'll wish all those folks who might end up in hot water because of it very good luck.