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Rant on:
IP law has struck everywhere, and often to peoples' detriment. American manufacturers refused to license the vastly superior Robertson head for screws, leaving entire generations to struggle with the almost-useless Philips head.
Rant Off/
Digital media, are fundamentally different from physical media because the normal method of usage usually involves the creation of multiple copies; something which is impossible with physical media.
Implicit in the idea of resale is the idea that one gives up the item one is reselling as part of the transaction. This doesn't need to be enforced with physical media, it's intrinsic to their nature. It's true even if you burn a copy of a CD and then sell the original. You may still have access to the music, but you no longer have the original (and presumably its packaging and any extra material that came with it).
Digital just doesn't work the same way, and I don't see how we can enforce any right of resale for something that is not associated with physical media or anything else that cannot be duplicated.
Something has to be found that can compensate producers without treating consumers like thieves. We just haven't found the balance yet.
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