All The Many Ways Amazon So Very Failed the Weekend

[Elfwreck]

Originally Posted by jmaloney

I actually spoke to an Intellectual Property lawyer about this. The difference between physical books and ebooks is that the very act of downloading an ebook means that you're making a new copy of the ebook. The first sale doctrine only applies the the original product: I can't, for example, go out and buy a physical book, make copies of it and pass around those copies. This is why the legality of lending ebooks is not as straightforward.

Who owns the original product? Macmillan? Fictionwise? Someone in between them?

When I buy an ebook, isn't my first download *my* original product? Certainly, if I buy a print-on-demand book, that printout is my original product to sell or loan as I wish, regardless of who has the original digital file. How is my download of an ebook I purchased different from a printout I purchased?

[jmaloney]

Originally Posted by Elfwreck

How is my download of an ebook I purchased different from a printout I purchased?

The difference is that you can easily loan your printout to someone else without making a new copy of it -- you hand the actual papers to the next person.

However, in order to pass along the ebook to someone else, you'd need to make a second copy of it (on a thumb drive, via e-mail, etc.). Unless, of course, you're passing along the physical device on which you've stored to ebook (your computer, ereader, phone, etc.).+

[guyanonymous]

What if you just let someone sit at your computer while you take a walk? If they choose to copy something, are you responsible for distributing it?

[Connallmac]

Originally Posted by jmaloney

I actually spoke to an Intellectual Property lawyer about this. The difference between physical books and ebooks is that the very act of downloading an ebook means that you're making a new copy of the ebook. The first sale doctrine only applies the the original product: I can't, for example, go out and buy a physical book, make copies of it and pass around those copies. This is why the legality of lending ebooks is not as straightforward.

And this is why a pound of gold is considered far more valuable than a pound of wheat, because people believe it to be so.

[jmaloney]

Originally Posted by guyanonymous

What if you just let someone sit at your computer while you take a walk? If they choose to copy something, are you responsible for distributing it?

Well, I'm not a lawyer...

I'd imagine that you're not responsible any more than you'd be responsible if you'd lent a physical book to a friend to turned around and made copies, but who know what a lawyer would be able to argue in court?

Connallmac: I'm not sue what point you're making, can you elaborate? How does "belief" factor in here?

[Connallmac]

Originally Posted by jmaloney

I actually spoke to an Intellectual Property lawyer about this. The difference between physical books and ebooks is that the very act of downloading an ebook means that you're making a new copy of the ebook. The first sale doctrine only applies the the original product: I can't, for example, go out and buy a physical book, make copies of it and pass around those copies. This is why the legality of lending ebooks is not as straightforward.

Originally Posted by Connallmac

And this is why a pound of gold is considered far more valuable than a pound of wheat, because people believe it to be so.

My point is that how we perceive the differences in ownership and rights to p and e books is entirely in the perception. Gold is only more valuable than wheat because many people agree that this is so. If we all agreed that e-book buyers had the same ownership and rights that p-book buyers did, we would. We allow ourselves that to be deluded that they are different; you show me a p-book and I show you an e-book that hasn't been hatched yet. If I buy a copy of a story I should have the same rights without regards to the format it's in.

[guyanonymous]

Diamonds are only $valuable because of conditions of artificial scarcity and advertising that has made the general public believe they are worth more than life itself. There are other gems (emeralds, rubies) that are more uncommon, yet don't command the same $value. An artificial diamond can be better than a "natural one" and more suitable for all purposes - but you're a cheap-ass if you get one for your intended wife!

[Elfwreck]

Originally Posted by jmaloney

The difference is that you can easily loan your printout to someone else without making a new copy of it -- you hand the actual papers to the next person.

However, in order to pass along the ebook to someone else, you'd need to make a second copy of it (on a thumb drive, via e-mail, etc.). Unless, of course, you're passing along the physical device on which you've stored to ebook (your computer, ereader, phone, etc.).+

I could download the first time to a flash drive or memory card. (I often do this at work.) Presumably, I could sell a flash drive loaded with used ebooks, that I copied in order to read, and removed the copies before selling.

I've considered getting a collection of low-memory cards (~128mb) for cheap, acquiring new ebooks on the cards, reading what I like, removing from the cards the ones I want to keep, then selling the fully-loaded cards. (Only considering. 'Cos I don't have lawyer resources to deal with a potential lawsuit, and also, I am not rich enough to buy enough ebooks to do so more than once or twice, which wouldn't be likely to be noticed.)

Had I time/energy/mad webbing skills, I'd consider setting up a used ebook exchange website, with a dozen or so people buying ebooks from various places, downloading them onto flash drives/memory cards, and setting up a share/sell system among members.