first sale doctrine

Might digital media resale be legal in Europe?

By Chris Meadows
June 12, 2014 // 0 Comments

After the recent Congressional hearing on first sale, it seems unlikely Congress is convinced that allowing resale of “used” digital media would be a good idea. But as British lawyer Tony Ballard writes in FutureBook, they might see things differently in Europe. Ballard brings up the example of [...]

ReDigi awarded patent on digital resale ‘without making a copy’

By Chris Meadows
January 29, 2014 // 3 Comments

Yesterday I received a press release from ReDigi, the company trying to allow (and monetize) the resale of “used” digital goods such as music or e-books, with an embargo time of, well, right now. The release claims the award of a patent on the technology ReDigi wants to use to enable the resale [...]

Trader Joe's vs. Pirate Joe's

By libertyc
August 28, 2013 // 4 Comments

Techdirt is one of many who have been covering the curious tale of Pirate Joe—aka Michael Hallatt, a Vancouver entrepreneur who has set up a store in which he sells, at a markup, products he purchases at the Trader Joe’s chain on the American side of the border. Hallatt claims he is doing [...]

Morning Links: Stories you may have missed

By libertyc
April 3, 2013 // 0 Comments

Amazon, Publishers File for Dismissal in Bookseller’s Lawsuit (The Digital Reader) Class Action eBook Royalty Lawsuit Against Harlequin Books Dismissed (Digital Book World) Goodreads Acquisition Presents Opportunity for Library Thing (The Digital Shift) We’re Not Done with First Sale [...]

The Digital Reselling Issue: What about the customer's rights?

By libertyc
February 20, 2013 // 13 Comments

Yesterday, TeleRead published two thoughtful essays on the digital reselling issue (here, and here) from author Marilynn Byerly. I appreciate her desire to ensure that any used digital market is fair to authors. I don’t, however, think Amazon is—as she asserts—about to ‘break the [...]

More on Amazon's used e-books controversy

By Marilynn Byerly
February 19, 2013 // 12 Comments

Digital products like e-books are licensed—not sold—to a buyer, so they can’t be legally resold, shared, or loaned. (See my article on e-books and the first sale doctrine for more information.) A group called the Owners’ Rights Initiative wants to change that. The ORI believes that the [...]

Is Amazon About to Break the Law?

By Marilynn Byerly
February 19, 2013 // 7 Comments

Amazon has patented a means to sell used e-books within the Kindle system. A book will be branded within the system when it is bought, and when the buyer puts it up for resale at the Kindle store, it will be removed from his account and transferred to the buyer’s account. Amazon will receive a [...]

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