4 ms·

> How is this any different from series that are exclusive to Netflix? Netflix is a subscription, but Audible sells things: their subscription provides credits

by kd5bjo 6y ago

> How is this any different from series that are exclusive to Netflix? Netflix is a subscription, but Audible sells things: their subscription provides credits that can be used to purchase audiobooks below list price, but you don’t lose access if you discontinue the subscription. As this is a purchase-like transaction instead of a broadcast-like transaction, it’s reasonable to assume it should work like other purchases. That includes the right to transfer ownership to someone else, either temporarily (loan) or permanently (gift/sale).

bengale 6y ago
That isn’t really the case with any digital purchases is it? Or very few.
- kd5bjo 6y ago
  That depends on what you consider a digital purchase. DVDs, CDs, and game cartridges are nothing but physical manifestations of digital data, and everyone was allowed to loan or resell those. Books arguably are, too, and have hundreds of years of established legal precedent. Why should this newcomer (downloads) be treated differently without specific legislation?
  - zajio1am 6y ago
    Not sure about US, but for EU (and IANAL): In case of physical manifestations, there is an ownership of the physical medium, and copyright rights are 'subservient' to ownership transfer/loan of mediu through 'first sale' doctrine. For intangible copyright works (e.g. downloadable software), it is just contract and there is no transfer of ownership. There is specific legislation that establishes 'first sale' doctrine for intangible software, but not for other copyright works. See https://www.lexology.com/library/detail.aspx?g=449a705d-d76a-4cb3-b187-dd5ac54e2b7c https://www.lexology.com/library/detail.aspx?g=449a705d-d76a... (or http://archive.is/GZ6mX http://archive.is/GZ6mX )
    - kd5bjo 6y ago
      The current situation is similar in the US, except for the extra enabling legislation. Copyright law was never intended to completely prevent the secondary market, because nobody envisioned technology that would make ownership transfer impossible without making copies— a consumer would always have an “original” that the author was paid for and could be given away freely.
riku_iki 6y ago
> but Audible sells things they also have Audible Originals, which you don't need to buy but can access while on subscription

by kd5bjo 6y ago

bengale 6y ago

That isn’t really the case with any digital purchases is it? Or very few.

kd5bjo 6y ago
That depends on what you consider a digital purchase. DVDs, CDs, and game cartridges are nothing but physical manifestations of digital data, and everyone was allowed to loan or resell those. Books arguably are, too, and have hundreds of years of established legal precedent. Why should this newcomer (downloads) be treated differently without specific legislation?
- zajio1am 6y ago
  Not sure about US, but for EU (and IANAL): In case of physical manifestations, there is an ownership of the physical medium, and copyright rights are 'subservient' to ownership transfer/loan of mediu through 'first sale' doctrine. For intangible copyright works (e.g. downloadable software), it is just contract and there is no transfer of ownership. There is specific legislation that establishes 'first sale' doctrine for intangible software, but not for other copyright works. See https://www.lexology.com/library/detail.aspx?g=449a705d-d76a-4cb3-b187-dd5ac54e2b7c https://www.lexology.com/library/detail.aspx?g=449a705d-d76a... (or http://archive.is/GZ6mX http://archive.is/GZ6mX )
  - kd5bjo 6y ago
    The current situation is similar in the US, except for the extra enabling legislation. Copyright law was never intended to completely prevent the secondary market, because nobody envisioned technology that would make ownership transfer impossible without making copies— a consumer would always have an “original” that the author was paid for and could be given away freely.

riku_iki 6y ago

> but Audible sells things they also have Audible Originals, which you don't need to buy but can access while on subscription