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Old 03-21-2010, 02:52 PM   #1
drew726
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The people selling ebooks on ebay
How are they selling ebooks of major authors on ebay? They can't possibly have gotten the resell rights to them right? I can't imagine any publisher giving them the rights that easily.
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Old 03-21-2010, 02:59 PM   #2
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eBay doesn't police it (much like YouTube doesn't police their own site for infringement) except to the extent it takes to ensure the sales follow their policies regarding eBooks here under Restricted.

If any of the sales are illegal it's up to the IP rights owner to issue a takedown notice to eBay. eBay has the same policy regarding counterfeits. If they haven't done that then the listing stays up, as eBay has no way to know who has rights and who doesn't.

Source: I used to work support for eBay.
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Old 03-21-2010, 06:30 PM   #3
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Originally Posted by drew726 View Post
How are they selling ebooks of major authors on ebay? They can't possibly have gotten the resell rights to them right?
What's a "resell right"?

Hint: First Sale / Exhaustion Doctrine
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Old 03-21-2010, 07:38 PM   #4
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They are just fan made ebooks downloaded from the internet. They have no right to sell them, and you have no right to buy them. If you want them anyway, they should be easy enough to find for free, so there's no point adding to Ebay's profits by buying them.
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Old 03-21-2010, 09:16 PM   #5
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eBay has clear guidelines about that, for years.

Quote:
Examples of digitally delivered goods that can't be advertised on eBay: (...)

eBooks you don't own the copyright to and aren't authorized to resell by the owner, the owner’s authorized agent, or the law
also

Quote:
If you list eBooks in a category other than the Everything Else category, you need to:

Send the eBook by postal mail.
Which is kinda bizarre. But again, them's the rules.
Last edited by K-Thom; 03-21-2010 at 09:19 PM.
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Old 03-21-2010, 09:33 PM   #6
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They are just fan made ebooks downloaded from the internet. They have no right to sell them, and you have no right to buy them.
Proof? Remember, you've made an absolutist statement...
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Old 03-22-2010, 02:22 AM   #7
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eBay doesn't police it (much like YouTube doesn't police their own site for infringement) except to the extent it takes to ensure the sales follow their policies regarding eBooks here under Restricted.

If any of the sales are illegal it's up to the IP rights owner to issue a takedown notice to eBay. eBay has the same policy regarding counterfeits. If they haven't done that then the listing stays up, as eBay has no way to know who has rights and who doesn't.

Source: I used to work support for eBay.
nice. great info there!
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Old 03-22-2010, 07:40 AM   #8
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Proof? Remember, you've made an absolutist statement...
It would be difficult to provide proof without naming one of the sites where they get them from, but they are the same collections with the same bizarre contents -- David Moody Autumn collection with 2 non-Autumn books included, James Herbert collection with a Frank Herbert book, etc.

Some of them are selling (or claim to be selling) American public domain books from Project Guttenberg if that's what you mean, but the same comment would apply -- they have no right to sell them outside America, and anyone who wants them can just download them for free instead.
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Old 03-22-2010, 04:59 PM   #9
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Originally Posted by mr ploppy View Post
They are just fan made ebooks downloaded from the internet. They have no right to sell them
You make it sound like you're talking about ALL ebook sales on Ebay (which is a pretty broad statement), or did you just mean some of the ones you've looked at?
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Old 03-22-2010, 06:00 PM   #10
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Some of them are selling (or claim to be selling) American public domain books from Project Guttenberg if that's what you mean, but the same comment would apply -- they have no right to sell them outside America, and anyone who wants them can just download them for free instead.
Completely incorrect.

If a book is PD in your country, then you are entitled to do whatever you like, including selling it. Yes, people can download it for free, but you can sell it if you wish. There is nothing legally wrong with this, unless you're actively advertising it in countries where it's not PD.

I'd suggest you get with the specific examples.
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Old 03-22-2010, 07:02 PM   #11
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Completely incorrect.

If a book is PD in your country, then you are entitled to do whatever you like, including selling it. Yes, people can download it for free, but you can sell it if you wish. There is nothing legally wrong with this, unless you're actively advertising it in countries where it's not PD.

I'd suggest you get with the specific examples.
I keep forgetting this is an international site, I'm going by the ones that are either listed or displayed on Ebay UK.
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Old 03-22-2010, 07:07 PM   #12
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You make it sound like you're talking about ALL ebook sales on Ebay (which is a pretty broad statement), or did you just mean some of the ones you've looked at?
The fiction ones. 10,000 scifi novels for a fiver, those type. I forgot about all the get rich quick and how to attract women, make bits of you bigger, etc type ebooks.

Perhaps if you point out one of these fully legal ebooks on Ebay so that I can see what you mean?
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Old 03-22-2010, 07:09 PM   #13
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Most of the stuff I can see on ebay.co.uk is perfectly legal. It's mostly 'classic' novels from, I would guess, Project Gutenberg which has been loosely pulled together on a CD or memory stick and offered for sale. Nothing wrong with that legally I think, but there's nothing there that you couldn't pick up absolutely (legally) free if you wanted to.
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Old 03-23-2010, 06:57 AM   #14
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Most of the stuff I can see on ebay.co.uk is perfectly legal. It's mostly 'classic' novels from, I would guess, Project Gutenberg which has been loosely pulled together on a CD or memory stick and offered for sale. Nothing wrong with that legally I think, but there's nothing there that you couldn't pick up absolutely (legally) free if you wanted to.
They wouldn't be legal if they are listed for sale in the UK.
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Old 03-23-2010, 07:40 AM   #15
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They wouldn't be legal if they are listed for sale in the UK.
Why not?
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