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#61 | |
King of the Bongo Drums
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Device: Excelsior! (Strange...)
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Let's parse that out: "Upon your payment of the applicable fees set by Amazon," Well, you have to pay. No question about that. Except when the book is free. Y'know, something Amazon has copied from the public domain. That they didn't pay for. Funny about that, isn't it? "Amazon grants you the non-exclusive right" Meaning that they will "grant" the same right to anyone else who will pay. Fine. No skin off your nose. "to keep a permanent copy of the applicable Digital Content and to view, use, and display such Digital Content an unlimited number of times," Well, of course. You bought it. You can read it as much as you want. "solely on the Device or as authorized by Amazon as part of the Service" Baloney. You can move it around as much as you want, between whatever reading devices you own. It doesn't violate any law. It doesn't violate copyright. It doesn't damage Amazon in any way. "and solely for your personal, non-commercial use." True, but only half-true. What's missing is that you can also do whatever you want with the book so long as it is within the terms of "fair use" as defined by federal law. "Digital Content will be deemed licensed to you by Amazon" Amazon can "deem" whatever they like. So can you. You can "deem" that you've bought the book. Whether it's a legitimate, enforceable license, or a sale, is a legal question, not a question of what Amazon "deems." For all practical purposes, when you buy an ebook from Amazon, it is the equivalent of buying a physical book. You can tell them I "deem" it so. ![]() "under this Agreement unless otherwise expressly provided by Amazon." Meaningless, unless they give you some right you don't already have, which they won't. Nate the great is right smack dab on. Amazon can call it a license - heck, they can call it a cow - but it's a sale. |
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#62 | |
Grand Sorcerer
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Location: Tampa, FL USA
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Of course, for ebooks this will all need to be challenged in court. And, I am sure at some point it will be. Same I assume will happen with MP3s. BOb |
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#63 | |
Books and more books
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Join Date: Mar 2006
Location: White Plains, NY, USA
Device: Nook Color, Itouch, Nokia770, Sony 650, Sony 700(dead), Ebk(given)
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For me: sale means first and first foremost right to resale, give away, get rid without any questions/strings attached license means you have to ask permission for anything you do with the stuff in question outside of the narrow terms you signed on for In particular "sale" of *x* usually means there is a legal market for used *x* as in used cars, clothes, houses, books, dvd's, cd's, games, magazines, even the odd newspaper of collectible interest... Where is the secondary (legal) market for ebooks? How do you even give your ebook away legally to someone? If it smells and acts like a license, well you can call it anything you want, it's still a license |
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#64 | |
eBook Enthusiast
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Location: UK
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#65 |
Wizard
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#66 |
Wizard
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US courts have already ruled on this with regards to software vendors trying to do the same thing. The courts have said that first sale still applies to software that has "only been licensed".
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#67 |
Wizard
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US courts have already ruled that is not true. A "license" can not take away your rights.
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#68 |
Wizard
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#69 |
eBook Enthusiast
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Location: UK
Device: Kindle Oasis 2, iPad Pro 10.5", iPhone 6
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According to the terms that you acknowledge your acceptance of when you buy them. Besides which, it's a clear-cut case of copyright infringement, in that the "originals" are still available for you to download - and are almost without doubt still stored on the hard disk of your computer - after you've sold or given away your book reader or iPod.
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#70 | |||
Wizard
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Besides, if this becomes the norm, I assume the sellers would make a way for you to inform them that you've transferred ownership and they can remove the download links from your account. Quote:
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#71 | |
eBook Enthusiast
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Location: UK
Device: Kindle Oasis 2, iPad Pro 10.5", iPhone 6
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I'm not at all sure that your argument that "It's OK if you don't download it again" holds up. The fact remains that it is "your" book, regardless of whether you choose to download it. It's like saying that, if you scan a book and then give that scan away, it's OK as long as you never take the paper book down from your bookshelf again. That's a very weak argument, IMHO. |
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#72 |
Wizard
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Also, what about a case like I mentioned in my original post, where the eBookwise does not have a way for the books to be downloaded to a computer and even if you got them on a memory card, the DRM prevents them from being used on another eBookwise? They are literally only readable on the one device you used to buy them. So if I sell that device (which I did) and leave the books on there, there is NO WAY I kept a copy...
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#73 | |
Wizard
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Then do so.
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#74 |
eBook Enthusiast
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Perhaps not every one, but I think personally that it is reasonable to assume that the overwhelming majority will be. That is why sites like eBay prohibit the resale of "used" PC/Mac software, but permit the resale of console games, where the game doesn't get installed onto a hard disk.
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#75 | |
Grand Sorcerer
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