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Sep
25

Owning Books and Not Owning EBooks

Juiced OnEbook News and Talk

This is an old entry quoted from March 2008 and Matt Buchanan on the Gizmodo blog, and one which is fascinating reading from a copyright perspective. Whereas I’ve always considered when paying for something that I retain some rights of ownership (and usage), my own ideas must be seen to be incorrect when comparing a real life printed book with it’s electronic counterpart.

If you buy a regular old book, CD or DVD, you can turn around and loan it to a friend, or sell it again. The right to pass it along is called the "first sale" doctrine. Digital books, music and movies are a different story though. Four students at Columbia Law School’s Science and Technology Law Review looked at the particular issue of reselling and copying e-books downloaded to Amazon’s Kindle or the Sony Reader, and came up with answers to a fundamental question: Are you buying a crippled license to intellectual property when you download, or are you buying an honest-to-God book?

In the fine print that you "agree" to, Amazon and Sony say you just get a license to the e-books—you’re not paying to own ‘em, in spite of the use of the term "buy." Digital retailers say that the first sale doctrine—which would let you hawk your old Harry Potter hardcovers on eBay—no longer applies. Your license to read the book is unlimited, though—so even if Amazon or Sony changed technologies, dropped the biz or just got mad at you, they legally couldn’t take away your purchases. Still, it’s a license you can’t sell.

Further discussion can be found on the Gizmodo entry linked to below.

Link : Amazon Kindle and Sony Reader Locked Up : Why Your Books are No Longer Yours (Gizmodo site, March 21, 2008)

  1. Melissa Says:

    Interesting idea, but it makes sense. Sort of the same thing as buying music from iTunes.

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