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Old 09-08-2007, 10:04 AM   #78
HarryT
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Quote:
Originally Posted by nekokami View Post
Yes, because the "Doctrine of First Sale" in US law says you're allowed to resell copyrighted content (not extra copies, obviously, but your own copy).
But does that still apply if book downloads are licensed rather than sold? In that case you would never have "owned" the book and hence couldn't re-sell it, could you?

Quote:
There are cases where it's not legal for someone to give up rights as part of a contract. As a condition of employment in the US, sometimes employers will try to force a "non-competitive" clause on employees. Generally these don't hold up in court. The right to seek employment isn't one that can be signed away as part of a contract.
Sure - I completely accept that. It's the same in this country; hence the "Unfair Contract Terms Act" I mentioned previously.

Quote:
We can argue the ethics as a matter of opinion, and I know your opinion on this and mine are not in agreement. But the law is determined by the courts, and this is a case that hasn't yet been tested fully. Neither of us knows the answer (and the answer would quite possibly differ in our respective countries, as well.)
I respect that you hold a different view, and I know that you respect my point of view. My concern is that someone could end up destroying the entire eBook industry by getting an ignorant jury to agree to something that they don't really understand.
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