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eBook copyright question

 
 
Speed Demon
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      08-03-2005
I bought an eBook online a while back. As I have no need for it anymore,
I want to sell it, in the same manner as I would sell a secondhand book.

Is this legal? I don't see why it wouldn't be.

However in the book it says it is "provided for the sole use of the
purchaser of record. It may not be retransmitted or reproduced without
the written consent of the publisher".

Is that legit or is that just grandstanding? I can sell my CDs, I can
sell my software, I can sell my books, all of which contain intellectual
property.... why can't I sell my eBook as long as I no longer retain a
copy of my own? Granted, I know there's no way to verify this, but it's
the principle of the thing.

I'm not trying to make money, just recover some of my costs, as it was
an expensive package.

(Both the publisher and I are located in Canada, but I'd be interested
even in info specific to other jurisdictions).

S.
 
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Evan Platt
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      08-03-2005
On Wed, 03 Aug 2005 01:59:24 -0400, Speed Demon <1@2.3> wrote:

>I bought an eBook online a while back. As I have no need for it anymore,
>I want to sell it, in the same manner as I would sell a secondhand book.
>
>Is this legal? I don't see why it wouldn't be.


If the copyright on it allows it, yes, but it appears...

>However in the book it says it is "provided for the sole use of the
>purchaser of record. It may not be retransmitted or reproduced without
>the written consent of the publisher".


Then no you can't.

>Is that legit or is that just grandstanding? I can sell my CDs, I can
>sell my software,


No, you can't. Most software says you are are buying a license to use
the software, and you may not resell it. I couldn't find a good google
link to it, but if you read the license, it says something like "You
are buying a license to use this software" and "this license may not
be transferred, sold" etc.

>I can sell my books, all of which contain intellectual
>property.... why can't I sell my eBook as long as I no longer retain a
>copy of my own? Granted, I know there's no way to verify this, but it's
>the principle of the thing.


There could be some hidden tracking in it. But if it says you can't,
you can't.

I'm not an attorney, keep that in mind.

>I'm not trying to make money, just recover some of my costs, as it was
>an expensive package.


I can't think of any price that I'd buy an eBook for.

>(Both the publisher and I are located in Canada, but I'd be interested
>even in info specific to other jurisdictions).


Copyright law is copyright law in most civilized countries. Canada on
the other hand.. (Just kidding).
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Stickems.
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      08-03-2005
Copyright law is bad. It is repressive and retrograde. In days of old you
could be put to death if you were caught writing as this was the domain of
the official church scribes.


"Speed Demon" <1@2.3> wrote in message
news:(E-Mail Removed)...
|I bought an eBook online a while back. As I have no need for it anymore,
| I want to sell it, in the same manner as I would sell a secondhand book.
|
| Is this legal? I don't see why it wouldn't be.
|
| However in the book it says it is "provided for the sole use of the
| purchaser of record. It may not be retransmitted or reproduced without
| the written consent of the publisher".
|
| Is that legit or is that just grandstanding? I can sell my CDs, I can
| sell my software, I can sell my books, all of which contain intellectual
| property.... why can't I sell my eBook as long as I no longer retain a
| copy of my own? Granted, I know there's no way to verify this, but it's
| the principle of the thing.
|
| I'm not trying to make money, just recover some of my costs, as it was
| an expensive package.
|
| (Both the publisher and I are located in Canada, but I'd be interested
| even in info specific to other jurisdictions).
|
| S.


 
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NotMe
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Posts: n/a
 
      08-03-2005
"Speed Demon" <...
| I bought an eBook online a while back. As I have no need for it anymore,
| I want to sell it, in the same manner as I would sell a secondhand book.
|
| Is this legal? I don't see why it wouldn't be.
|
| However in the book it says it is "provided for the sole use of the
| purchaser of record. It may not be retransmitted or reproduced without
| the written consent of the publisher".
|
| Is that legit or is that just grandstanding? I can sell my CDs, I can
| sell my software, I can sell my books, all of which contain intellectual
| property.... why can't I sell my eBook as long as I no longer retain a
| copy of my own? Granted, I know there's no way to verify this, but it's
| the principle of the thing.
|
| I'm not trying to make money, just recover some of my costs, as it was
| an expensive package.
|
| (Both the publisher and I are located in Canada, but I'd be interested
| even in info specific to other jurisdictions).

Follow is under USA copyright law but if country subscribes to the
international convention the same rules *generally* apply. Note I'm not an
attorney and don't play one on the internet.

As to your original question assuming the copyright license does not
specifically restrict the subsequent sale of your original copy then you are
safe. Why not contact the company that sold you the CD?

http://en.wikipedia.org/wiki/First-sale_doctrine
First-sale doctrine
From Wikipedia, the free encyclopedia.

The first-sale doctrine is an exception to copyright codified in the US
Copyright Act, section 109. The doctrine of first sale allows the purchaser
to transfer (i.e. sell or give away) a particular, legally acquired copy of
protected work without permission once it has been obtained. That means the
distribution rights of a copyright holder end on that particular copy once
the copy is sold.

(added comment this last sentance is accurate as far as it goes but it DOES
NOT reflect all cases of the spacfic license)

The doctrine of first sale does not include renting and leasing phonorecords
(recorded music) and computer software, although private non-profit archives
and libraries are allowed to lend these items provided they include a notice
that the work may be copyrighted on the copy.

US copyright case law supports that consumers cannot make copies of computer
programs contrary to a license, but may resell what they own. This however
is conflicting with both section 117 and 109, and the case law itself is
conflicting depending on which circuit the case was heard in.


 
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