Quote:
Originally Posted by ecw0647
The cat is already out of the bag as "first-sale" disappeared years ago as it relates to software. All software is sold under license and if you read most EULAs you are prohibited from selling or giving it away.
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The US courts decided that the EULA is irrelevant if the software is sold; the new owner still has the right to sell it.
Vernor v. Autodesk established that whether the developer calls it a "license" or not, a sale is determined by the conditions of transfer--most notably, whether it's short-term or permanent.
If you hand over money for expected permanent possession of something, it's a "sale,"
regardless of what the terms-and-conditions documentation says. And you can resell something you've bought instead of licensed.
Reselling ebooks without making copies can be problematic--but could certainly be done; you could download them to your device & sell the device, or download them to a flash drive & sell that. The fact that you *could* make an unauthorized copy before selling doesn't affect your legal rights--after all, I *could* photocopy (or scan) all my books before reselling them, and nobody questions the right to sell used books.