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I just spent an hour going through the "Terms of Usage/Terms of Sale" for Itunes. Admittedly, they do not sell ebooks, but what they do sell is very similar in concept. Caveat: I have not actually bought anything from them so I do not know what else is agreed to when the "Buy" button is clicked.
According to Itunes (section 13, paragrapgh e):
e. Album Cover Art.
...
You may only access album cover art (to the extent available) for music for which you are the lawful owner of a legal copy...
Apple seems to think you can indeed purchase and own a music file. If that is so, then why can't you own an ebook?
I do not claim to have any more rights over an ebook than I would over a pbook. I simply know that when you purchase something, unless otherwise stated, you own it. This applies to pbooks. Apple apparently believes it applies to the music they sell you. I would argue that it also applies to ebooks.
Fictionwise is the only one of the 4 websites I have checked (so far) that specifically says it is not selling you ownership. In fact, this license statement is in all of the scifi emagazines I got from there:
NOTICE: This eBook is licensed to the original purchaser
only. Duplication or distribution to any person via email,
floppy disk, network, print out, or any other means is a
violation of International copyright law and subjects the
violator to severe fines and/or imprisonment. This notice
overrides the Adobe Reader permissions which are
erroneous. This eBook cannot be legally lent or given to
others.
Obviously, I do not own that copy of the magazine. But that is only because the Fictionwise website terms of use specifically said that ownership was not transferred. Otherwise, I would expect it to be transferred like it would if you bought a pbook.
That being said, it is almost midnight for me and I am going to go to bed. What I wrote here may be slightly loony; I cannot tell at the moment. If there is an error in my post, please be kind enough to send me a PM so I can fix the post.
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