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But for ebooks there is no such thing as second hand.


If I give a friend a copy of a DRM‐free copyrighted ebook, delete all of my own copies, and he pays me, isn’t that equivalent?

It may be impractical to verify that all my copies are gone, but is there any reason it wouldn’t hold up under first sale doctrine?

Any 17 U.S.C. § 109(d) experts in the house?


I'm pretty sure that the law does not permit you to re-sell digital copies. As when you purchase a digital book (DRM or not), you don't own the digital copy - you're only granted a license to use it for your own use. This license does not extend to reselling it (what your suggestion would be doing).

Physical books fall under a 'property purchase' model while ebooks fall under the 'license based' model. A good (albeit basic) read: https://goodereader.com/blog/e-book-news/this-is-the-big-rea...




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