Re: Re: Amazon remotely deletes 1984

On Mon, Jul 27, 2009 at 11:37 PM, Chris<[email protected]> wrote:
> On Mon, 27 Jul 2009, bleepthisagain wrote:
>
> No. And after a little research, I don't even have definitive
> knowledge. But I have some possible points to consider:
>
> - ebooks are not merchandise
> - ebooks are licensed, not sold

Ebooks are sold.
Courts have ruled that a transaction is a "sale" if it acts like a
sale; calling it a "use license" doesn't change that.

A software company tried to sue someone for selling used copies on
eBay, on the grounds that their software was only "licensed for use."
The court looked over the license, and similar cases in the past, and
said nope--if you don't expect to have it returned, it's a sale, and
you can't tell people they can't resell it later.

( Vernor vs Autodesk,
http://arstechnica.com/tech-policy/news/2008/05/court-smacks-autodesk-affirms-right-to-sell-used-software.ars
 "AutoCAD customers pay a lump sum at the time of purchase, with no
obligation to make further payments or to return the software at the
conclusion of the supposed lease." -- indicates a sale, not a license
contract.)

Library ebooks, with a built-in expiration date, are licensed.
Kindlebooks, offered for a single payment under a TOS that claims
users have the right to a permanent copy, are sales.

-- 
"I follow Eris blindly in all things. That She is the Goddess of Chaos
simplifies this immensely."  -- Christian the Pagan


------------------------------------

------------------------------------------------------
Post a message:   ebook-community [[at]] *
Unsubscribe:      ebook-community-unsubscribe [[at]] *
Switch to digest: ebook-community-digest [[at]] *
Switch to normal: ebook-community-normal [[at]] *
Put mail on hold: ebook-community-nomail [[at]] *
Administrator:    ebook-community-owner [[at]] *

(* == yahoogroups.com)
-------------------------------------------------------Yahoo! Groups Links

<*> To visit your group on the web, go to:
    http://groups.yahoo.com/group/ebook-community/

<*> Your email settings:
    Individual Email | Traditional

<*> To change settings online go to:
    http://groups.yahoo.com/group/ebook-community/join
    (Yahoo! ID required)

<*> To change settings via email:
    mailto:[email protected] 
    mailto:ebook-community-fullfeatured-hHKSG33TihhbjbujkaE4pw@public.gmane.org

<*> To unsubscribe from this group, send an email to:
    ebook-community-unsubscribe-hHKSG33TihhbjbujkaE4pw@public.gmane.org

<*> Your use of Yahoo! Groups is subject to:
    http://docs.yahoo.com/info/terms/