eBook copyright question

Discussion in 'Computer Support' started by Speed Demon, Aug 3, 2005.

  1. Speed Demon

    Speed Demon Guest

    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.
     
    Speed Demon, Aug 3, 2005
    #1
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  2. Speed Demon

    Evan Platt Guest

    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).
    --
    To reply, remove TheObvious from my e-mail address.
     
    Evan Platt, Aug 3, 2005
    #2
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  3. Speed Demon

    Stickems. Guest

    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:...
    |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.
     
    Stickems., Aug 3, 2005
    #3
  4. Speed Demon

    NotMe Guest

    "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.
     
    NotMe, Aug 3, 2005
    #4
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