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Intellectual Property or Petty People Amazon vs. Sony

Intellectual Property or Petty People Amazon vs. Sony

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Published by Mysticalgod Uidet
If millions of people want to share my books, LET THEM. Why should I place a price on knowledge? What if Moses had charged everyone for a copy of the ten commandments? What if the U.S. Constitution could only be viewed by paying a viewing fee? What if God charged a penny for every breath? Some people have to learn when to draw the line on money. The thought of giving as a way of life is hard for some to understand.
If millions of people want to share my books, LET THEM. Why should I place a price on knowledge? What if Moses had charged everyone for a copy of the ten commandments? What if the U.S. Constitution could only be viewed by paying a viewing fee? What if God charged a penny for every breath? Some people have to learn when to draw the line on money. The thought of giving as a way of life is hard for some to understand.

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Published by: Mysticalgod Uidet on Oct 21, 2009
Copyright:Attribution Non-commercial

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09/26/2010

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New: Breaking news and daily top stories
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Mar 21, 2008 1:00 PM 54,086
 I FOUND THIS SOMEWHERE OUT THERE.
 
Amazon Kindle and Sony Reader Locked Up:Why Your Books Are No Longer Yours
If youbuy 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 adifferent story though. Four students at Columbia Law School'sScience and Technology Law Reviewlooked at the particular issue of reselling and copying e-books downloaded to Amazon'sKindle or theSony 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 thefirst sale doctrine—which would let you hawk your old
 Harry Potter 
hardcovers on eBay—nolonger applies. Your license to read the book is unlimited, though—so even if Amazon or Sonychanged technologies, dropped the biz or just got mad at you, they legally couldn't take awayyour purchases. Still, it's a license you can't sell.But is this claim legal? Our Columbia friends suggest that just because Sony or Amazon call it alicense, that doesn't make it so. "That's a factual question determined by courts," say our legalbrainiacs. "Even if a publisher calls it a license, if the transaction actually looks more like a sale,users will retain their right to resell the copy." Score one for the home team.There's a kicker, though: If a court ruled with you on that front, you still can't sell reproductionsof your copy, an illegal act tantamount to Xeroxing your
 Harry Potter 
s. You'd have to sell thephysical media where the "original" download is stored—a hard drive or the actual Kindle orSony Reader. Our guess is that it only gets more complicated from here. What happens when thefile itself resides only on some $20-per-month Google storage locker?For more details, have a look at the original, surprisingly readable legal summary:The (Potential) Legal Validity of E-book Reader Restrictions By Rajiv Batra, JohnPadro, Seung-Ju Paik and Sarah CalvertMany users are unhappy that e-book readers, such as the Sony Reader and theAmazon Kindle, restrict the sharing, borrowing and transferring of e-books. Whilesome argue that the "first sale" doctrine should allow users to transfer an e-book inthe same manner as a hard-copy book, these contentious restrictions may be validunder current law.The Sony Reader and the Amazon KindleThe Sony Reader and the Amazon Kindle are portable media devices designed tocarry and display e-books and other electronic documents. Kindle has a mobilebroadband function that allows users to browse online content and download e-books while on the go. Alternatively, the Sony Reader requires users to downloadand manage their library of e-books via a home computer.The contentious characteristic of both products is that they bar users from sharingtheir e-books with other users. For example, Kindle's license agreement grants a

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