Follow us on
Connect
More on TechnologyTell: Gadget News | Apple News

Posts tagged first sale doctrine

Might digital media resale be legal in Europe?
June 12, 2014 | 3:52 am

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 a European Court of Justice decision holding that sales of second-hand computer programs did not infringe copyright, even if copies of the program were made in the process of transferring it. A quirk in the relevant Directive permits the buyer of a computer program (unlike other...

ReDigi awarded patent on digital resale ‘without making a copy’
January 29, 2014 | 7:00 am

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 of digital media. It says the patent covers the transfer of digital media files without making a copy. ReDigi has been in the news a great deal in the last couple of years. The RIAA complained, and record label EMI sued, over ReDigi’s plan to allow...

Trader Joe’s vs. Pirate Joe’s
August 28, 2013 | 3:48 pm

Pirate Joe'sTechdirt 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 nothing wrong—he buys his "merchandise" at full retail price and is permitted to sell them if he wishes to under the first-sale doctrine. Trader Joe's begs to differ and has filed a lawsuit for trademark infringement. Mike Masnick makes some useful points in his discussion of the case. Firstly, he...

Morning Links: Stories you may have missed
April 3, 2013 | 9:15 am

Morning LinksAmazon, 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 (Scholarly Communications) Kindle Daily Deals: Against the Fall of Night by Arthur C. Clarke (and 3 others)  ...

The Digital Reselling Issue: What about the customer’s rights?
February 20, 2013 | 10:00 am

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 law.' Why not? Because while many have tried to interpret the current law to the best of their ability, it hasn't been definitely established by a precedent-establishing case whether or not digital goods are subject to the first sale doctrine. But this is not a bad thing—it means a healthy discussion and debate can still occur, and...

More on Amazon’s used e-books controversy
February 19, 2013 | 3:00 pm

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 owner of a digital book should be allowed to sell it used.  Members of this group include some library trade groups, used resellers of paper books, and eBay. Some readers consider this a good thing, because they can get cash back on books they've read, in the very same way many readers do with paper books. But...

Is Amazon About to Break the Law?
February 19, 2013 | 10:04 am

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 small fee for each sale. A limited number of sales of each book may or may not be included in the system. According to copyright law, specifically the first sale doctrine, this is illegal because digital goods aren’t physical things so they can’t be resold. (See...