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Old 2008-12-28, 12:54pm
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miahawk miahawk is offline
disco granola punk
 
Join Date: Oct 14, 2005
Location: Oregon
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Quote:
Originally Posted by pam View Post
Thanks, Miahawk. I will remove 1C. Do you have any way of wording it so that the purchaser has the right to pass on the original purchased tutorial to another person, perhaps limiting it to "printed tutorial"? Or, are you saying that once purchased the purchaser has no way to pass the information to anyone else. For instance, if I purchase a book and later on decide I don't want it, I may sell it or gift it to a friend. Can you not do that with a tutorial?
there is a case currently in the courts that may change or refine this, but the first sale doctrine has been determined by the copyright office not to apply to digital media at this point.

the case cited by artic^wolf also addresses rentals/loans, not transfer of ownership.

if a book or tutorial originates as a printed copy from the author or authorized distributor, first sale applies. if it originates as a digital copy, first sale does not apply. we're all free to resell our books, CDs and DVDs, but not the contents in/on them. digital files cannot be redistributed by a purchaser. that's what copyright law says. authors are free to relinquish any of their rights they want at any time, but if they do they cannot reclaim them.

I'm not sure how to word something like that, unless it's simply to say that digital files cannot be sold or transferred without the express permission of the copyright owner.
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miahawk AKA skyisland design AKA Michelle Courchaine

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(retired from lampworking due to ill health)
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