Ebook Reselling -Yea or Nay-

[HamsterRage]

Originally Posted by wayrad

I don't see anything ethically wrong with selling a "used" ebook, but what would be the point? My used paperbacks never fetched much, and my main motivation in selling them was to clear out space for new ones. With ebooks that's no longer a consideration.

I suppose that if the Agency 5 (now 6) continue to jack up prices, I might become interested in the idea of *buying* used ebooks...but I agree with DiapDealer about the nightmare that would ensue if the process were regulated via DRM.

Well, you could probably get 50% or more of the price you paid for it selling it on eBay, or some other site that sprouted up for the purpose of selling/swapping ebooks. Then, of course, you'd need to be nearly brain dead to not check there before buying any title from the publisher. Which would have the obvious impact on the publishers.

[wyndslash]

Kill switch mwahahaha!

[Giggleton]

Originally Posted by HamsterRage

Well, you could probably get 50% or more of the price you paid for it selling it on eBay, or some other site that sprouted up for the purpose of selling/swapping ebooks. Then, of course, you'd need to be nearly brain dead to not check there before buying any title from the publisher. Which would have the obvious impact on the publishers.

All books would be free. Or close enough. Publishers are going to need a new business model shortly.

[HansTWN]

We "should" be able to sell them --- but not right now since there is no reliable system set up to ensure that no copies are left behind with the original owner.

Anyway, I see either of two business models coming:

1.)Ad-supported books
2.)Books you can only access on a server while being online -- but not download.

Neither appeals to me at all. There is no free lunch, someone always pays, if not the buyers than the authors, editors, the publishers' staff, book sellers. 100,000s of people would lose their jobs if the US actually did away with copyright. You might also pay by providing your personal information, as you do with Google services.

[rogue_librarian]

Originally Posted by Giggleton

To make a long story short, do you think it's ok for someone, to resell ebooks they've purchased to another, as long as the sale deletes the original copy from the sellers device?

Absolutely. I already have that right, reselling software, in my jurisdiction. It's just that I'd need to de-DRM the book first in order to allow for the file transfer. The courts haven't ruled on that one yet.

[rogue_librarian]

Originally Posted by gmw

... the response is Nay - no reselling (the idea of a "second-hand" digital object is almost a contradiction in terms).

Really. Why shouldn't I be able to resell my old copy of Windows XP if somebody want's to buy it off me, complete with DVD, handbook and Certificate of Authenticity? Once you agree to that reselling software in general is really just another small step.

[HarryT]

Originally Posted by rogue_librarian

Really. Why shouldn't I be able to resell my old copy of Windows XP if somebody want's to buy it off me, complete with DVD, handbook and Certificate of Authenticity? Once you agree to that reselling software in general is really just another small step.

One consideration is the licence agreement. If that says that ownership is not transferrable, you'd be in breach of contract if you were to re-sell it. Non-transferrable software licence agreements are not uncommon. The terms and conditions of most bookstores do say that ownership cannot be transferred, and you have agreed to those terms when you buy the book.

[HarryT]

Originally Posted by Elfwreck

If I download the books onto a flash drive after purchase, that's a legitimate, authorized copy. If I then sell the flash drive, I haven't made any unauthorized copies.

Yes, you have - it becomes unauthorised as soon as you sell it; it's no longer YOUR copy but someone else's, and that someone else is not authorised to possess it. It's no different to buying a piece of software, and making a backup copy of it. You haven't broken any laws by doing that, but you DO break the law as soon as you pass that "backup" copy on to somebody else.

[rogue_librarian]

Originally Posted by spaze

Well, the problem here is that by making so, one breaks copyright laws.

The same would be true for keeping a copy after having sold the ebook, so what's your point?

... that selling a digital media is not legal

That's very much open to debate, certainly over here.

[rogue_librarian]

Originally Posted by HansTWN

We "should" be able to sell them --- but not right now since there is no reliable system set up to ensure that no copies are left behind with the original owner.

How is that my problem? I am allowed to resell software, you know.

[AlexSno]

To own a new e-book is always offering a great feeling. But also not having to pay much on it offers .... an OK feeling )

[HarryT]

Originally Posted by rogue_librarian

How is that my problem? I am allowed to resell software, you know.

Not if you've accepted a licence agreement that says otherwise.

[rogue_librarian]

Originally Posted by HarryT

One consideration is the licence agreement. If that says that ownership is not transferrable, you'd be in breach of contract if you were to re-sell it.

Luckily our copyright act makes resale an indispensable right. Spiffy, isn't it?

Non-transferrable software licence agreements are not uncommon.

They're also not enforceable (the resale prohibition, that is).

The terms and conditions of most bookstores do say that ownership cannot be transferred, and you have agreed to those terms when you buy the book.

No need to go into details here, but these one-click-shrink-wrap licenses are probably not watertight, either. Suffice to say our legal system doesn't like them very much, certainly not if consumers are involved.

[gmw]

Originally Posted by rogue_librarian

Really. Why shouldn't I be able to resell my old copy of Windows XP if somebody want's to buy it off me, complete with DVD, handbook and Certificate of Authenticity? Once you agree to that reselling software in general is really just another small step.

Fair point, although few consider the operating system to be second hand, the PC you sell it on is a different matter. Note however, as HarryT already pointed out, much software is not intended to be transferable in this way - although not many people read their agreements. One curious item with XP, for example, is that if you purchased an "OEM" version (already installed on your machine) then you may be permitted to sell it on with your machine but what you are not permitted to do is install that copy on any new computer that you buy.

[HarryT]

Originally Posted by rogue_librarian

No need to go into details here, but these one-click-shrink-wrap licenses are probably not watertight, either. Suffice to say our legal system doesn't like them very much, certainly not if consumers are involved.

Don't you think that you should consider carefully the terms and conditions of the store BEFORE making the decision to buy from them? It seems to me to be "wrong" to buy from a store and THEN turn round and say "I'm going to ignore the terms of the contract that I willingly and freely entered into with you".