488

this contradiction always confused me. either way the official company is "losing a sale" and not getting the money, right?

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[-] AnyOldName3@lemmy.world 4 points 6 months ago

The legalese in the US (which might as well be everywhere as you need to have compatible copyright with the US to have a trade deal with the US, and your country is in trouble if it doesn't have a trade deal with the US) is basically that:

  • If you buy a physical copy, you've become the owner of that one copy of the IP contained within. As the owner of that copy, you can do stuff with it like read it, display it, destroy it, or sell it on to someone else thanks to the First Sale Doctrine (but you can't do other things like copying it, unless it's a DVD as there's a specific exemption for the copy your DVD has to make to RAM in order to decode the DVD). There's nothing the copyright holder of the original can do to stop you exercising these rights.
  • If you buy a digital 'copy', you've not bought a copy, you've bought a licence to use one of the publisher's copies that they've given you permission to have on your device(s). They'll also have given you permission to do things like read it if it's an ebook or play it if it's a video game, but as it's their copy, not yours, you don't automatically get rights to do anything they've not explicitly permitted you to, and it's not in their interests to permit you to sell it on unless they think you'll pay enough more for a resaleable copy that it covers a potential future lost sale.

I'm sure plenty of publishers would love for the second set of rules to apply to things like books, and from a quick googling, it seems like occasionally academic textbooks have included a licence agreement instead of you actually owning the physical book, but I imagine that most publishers are concerned about bad PR from attempting this with a hit novel and also don't want to be accused of fraud for having their not-a-book-just-a-licence on the shelf next to regular books and thereby tricking consumers into thinking they were buying a regular book. EA attempted to double-dip over a decade ago with Battlefield 3, which included a copy of the game (with regular First Sale Doctrine rights) and a licence key for the online pass (which wasn't transferrable) and got bad press because of it. Newer PC games often come as a key in a box with no disk or a disk that only runs a web installer, so you've not got a copy of the game to claim you've bought and obviously only have a licence, and this seems to have caused less upset. This wouldn't work with a book, though, as you have to fill in the pages at the printing factory, and can't magically do it only after the user's got it home.

[-] Adalast@lemmy.world 2 points 6 months ago

Just a small point on the first comment (and I wish I could find the article to refer to, but the internet is a giant void that buries things faster than a mudslide). There was a case where a game developer sued, and I believe won, against a homeowner who was selling one of their games at a garage sale because, even though they had the physical media, the EULA explicitly revoked transferral of possession and was, in fact, just a license, not ownership. I remember it vividly because it was the first time I had ever heard of someone claiming that someone did not own a physical object that they purchased in a store. Afterward, I discussed it with some of the used game retailers and found out that there were some games that they were specifically prohibited from accepting as trades for this very reason.

[-] JeeBaiChow@lemmy.world 4 points 6 months ago

Because lawyers, accountants and MBAs making policy for things they don't understand.

[-] JokeDeity@lemm.ee 3 points 6 months ago

Pretty sure they tried to prevent the sharing and reselling of CDs at one point.

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[-] chemicalwonka@discuss.tchncs.de 3 points 6 months ago

bourgeoisie lobby in the State

“Reasons”

[-] PhlubbaDubba@lemm.ee 2 points 6 months ago

The theory probably revolves around there not being a transfer of the file as much as a copy paste of it.

Physical media can be copied but you need blank physical media to copy it to, in a purely digital eco system both the buyer and seller end up being able to have copies of the sold product, which effectively treats the seller as if they are a vendor of the product being sold.

Basically in a world built on copyright law, being able to buy and sell digital media the same as physical media looks a lot like someone scalping the original product to cut into the maker's bottom line. Megacorps eating it is pretty dope but it significantly diminishes an individual developer's ability to profit off their own work as well, especially when software development already encourages so much copy pasting to make software that should be working into software that is working.

[-] Suburbanl3g3nd@lemmings.world 1 points 6 months ago

This may be a dumb question, but why can't crypto something or an NFT be imprinted on my copy of the album/picture/whatever so I could sell it and lose my access? It's this a function of no standardized marketplace for digital goods and services?

[-] Adalast@lemmy.world 4 points 6 months ago

Because crypto is a joke and NFTs are vaporware. The concept is honestly laughable. Perfect example for NFTs, my company wanted to advertise that our service could help with the production of NFTs and my boss had put together the ad for it. I advised against it considering the BS and controversy associated with it. It became doubly apparent when I looked at the ad and saw that he had included several of the (in)famous NFTs that had been sold. I point blankly asked him if he had gotten permission to use them. He said no. Then I pointed out that the fact he was able to put them in the ad without asking and paying for the right to to the person who had spent millions on the NFT was exactly my point. NFTs are a scam. Thankfully he saw the light and dropped the whole nonsense.

As for the blockchain in general, it is unsustainable. It requires enormous amounts of power and computing cycles to maintain which gives it a massive eco-footprint and sucks resources needed by actual industries and individuals to support. If you started attributing it to all digital purchases, including resales, it would expand exponentially. It is fine in concept, and if it could function in a passive state somehow it might see usefulness as a purchase and resale history for digital media, but it can't. It requires many computers maintaining identical records in active communication with each other.

[-] Suburbanl3g3nd@lemmings.world 2 points 6 months ago

Very enlightening. Thanks! So there's still some big hurdle of what would be standardized to make resale of digital goods make sense otherwise it's impossible to police who does and doesn't have legit copies or who made a copy of the file, etc.

[-] rufus@discuss.tchncs.de 1 points 6 months ago* (last edited 6 months ago)

Because you rent them and not own them. It's also illegal to sell a book that you rented from the library. Or get a dvd from the library and then copy it. It's a measure they put into place so you're not allowed to duplicate the thing. Hence they don't grant you the same kind of ownership you'd have over a physical item.

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