[allicat]

This issue is winding its way thru the courts right now (see ReDigi). What is being reviewed is First Sale doctrine and how it applies to digital copies of copyrighted stuff (First Sale doctrine meaning reselling of trademarked items after the trademark holder has sold them). However, First Sale does not include things sold "by rental, lease, loan, or otherwise without acquiring ownership of it." In other words, when a license to use the digital item is sold (stating that it is a license for use and not a copy) the sale doesn't fall under First Sale doctrine. Yes, there is a LOT more, but I'm "Reader's Digesting" this bit. There is a 3 factor test to figure out if a licensing agreement creates and licensing agreement with the buyer, but the 1st test is the purchase being made under a licensing agreement.

In a nutshell, according to how I understand the law, as long as you are selling a license to use a tutorials, as opposed to selling a tutorial outright, it is then illegal for the purchaser to resell it. Atm, if the tutorial is purchased outright, then the buyer can legally resell. Once. And may not retain any copies in any form.

Now, that being said, I have a ton of tutorials. God forbid I keel over tomorrow, chances are all my computer files (except my pics) will be deleted, so my downloads will no longer exist. I do have hard copies (I love technology, but I don't trust it). Chances are those will go into the recycle bin as DH would never know what to do with them. I have no intention of selling any of them. And I agree there is an unwritten moral issue. But in the eyes of the law right now, I could delete the files from my computer and legally sell all the tuts which don't outright state they are for lease.

Food for thought for those who have tutorials out there.

Alli