MobileRead Forums - View Single Post - can there be a market for used digital content?

DawnFalcon · 04-04-2010, 11:43 PM

riemann42 - Why? Fairness is not a requirement of exhaustion doctrine. There is no contract in the first place, it's a sale with associated grant of licence - which is something quite different (one-way, for starters).

Not to mention... It is down to the merchant when he is economically active to know the laws which apply (and, incidentally, implementing geographic restrictions on some books and not others to a EU country is "economic activity"), and not to have ToU and "agreements" which are 95% illegal.

Informing the company when you intent to break illegal EULA's is not ethical, it's asking for legal headaches fending off lawsuits with no basis, but filed by lawyers from companies with more money than you. I'm sure companies would find that convenient, but they are a legal fiction (remember, EU not US...) and resale of something you own is a perfectly reasonable action under societal, legal and ethical norms.

Bear in mind, people are "disagreeing" with the company's terms every time they exercise a fair usage right, and they're now supposed to tell the company? Remember, fair use is a defence against infringement proceedings and not a grant of the right to do so, and hence they're potentially incriminating themselves!

Iphinome - Exactly. Or they can have a contract or rental for a lower price (or ongoing price for access while paying to their entire catalogue, etc etc.)

04-04-2010, 11:43 PM	#112
DawnFalcon Banned Posts: 2,094 Karma: 2682 Join Date: Aug 2009 Device: N/A	riemann42 - Why? Fairness is not a requirement of exhaustion doctrine. There is no contract in the first place, it's a sale with associated grant of licence - which is something quite different (one-way, for starters). Not to mention... It is down to the merchant when he is economically active to know the laws which apply (and, incidentally, implementing geographic restrictions on some books and not others to a EU country is "economic activity"), and not to have ToU and "agreements" which are 95% illegal. Informing the company when you intent to break illegal EULA's is not ethical, it's asking for legal headaches fending off lawsuits with no basis, but filed by lawyers from companies with more money than you. I'm sure companies would find that convenient, but they are a legal fiction (remember, EU not US...) and resale of something you own is a perfectly reasonable action under societal, legal and ethical norms. Bear in mind, people are "disagreeing" with the company's terms every time they exercise a fair usage right, and they're now supposed to tell the company? Remember, fair use is a defence against infringement proceedings and not a grant of the right to do so, and hence they're potentially incriminating themselves! Iphinome - Exactly. Or they can have a contract or rental for a lower price (or ongoing price for access while paying to their entire catalogue, etc etc.) Last edited by DawnFalcon; 04-04-2010 at 11:45 PM.