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Could this extend to ebooks as well?

Valve's argument that what they sold was a license and not the game feels like a distinction without a difference to me. Say I accept that. Then why can't I sell that license?



At the moment, no, because a ruling in the Court of Justice of the European Union this September concluded that the resale of e-books is illegal.

Interesting to see how these two rulings will affect the notion of reselling digital items.

https://www.trouw.nl/binnenland/doorverkoop-tweedehands-e-bo... (in Dutch)


It sounds to me like this is going to be a mess of competing lower court opinions until a high court somewhere comes down on one side or the other.


What's the difference between the two cases?


A license is a contract between you and valve. You can't transfer that license because the contract says you can't. The court says that the digital game is a good (just like a DVD is), and not a license, so you must be allowed to resell it to somebody else.


Transferring the doctrine of first sale to the digital realm would have massive implications for pretty much every digital distribution service we have today. Streaming services wouldn't be affected, but Kindle, Steam, iTunes, and so many others are built on the assumption that their product has no secondary market.


That's probably true, but it shouldn't factor into the decision about whether or not digital goods should be transferrable.


So the end result must be that licenses can't take away your resale rights.


So is an ebook not a good?


Under French law, probably. Not A French Lawyer.


I think this should. Using the same logic, this should apply to in-game items and other "dematerialized" goods.




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