[Guest]

I suspect tons of content providers beyond authors are looking at this and saying WTF? A lot of game designers have specifically moved toward downloadable content to avoid the issue of used video games. Right now, I think, there is a nice balance. I can still buy a used video game, but if I want access to all of the special content I have to buy the DLC. As a gamer, I'm cool with that. it actually increases the value of my game experience to be able to download new content for a game a bought. But I suspect game designers will scream murder if Amazon tried to sell "used" DLCs. The music industry only recently came to terms with digital content. Now Amazon wants to let people resell "used" MP3s? And what about things like apps? Movies?

 

[Jan Hurst-Nicholson]

I hadn't thought of this. Well, I guess it could definitely dissuade writers from going free. Maybe they could prevent the resale of free ebooks. Only seems fair.

Most books in Select have been free at one time or another. I don't know how they could track this

 

[heavycat]

Wouldn't First Sale Doctrine mean the re-sale of the e-book triggers no royalty obligation?  

So every book I sell has the potential of creating a new competitor?  The more successful a book becomes, the more likely it is everyone except the author benefits?

 

[tensen]

Wouldn't First Sale Doctrine mean the re-sale of the book triggers no royalty obligation?

Yes, that is true. Although I wonder how they would account for the fact that no actual ebooks have been sold to date only licensed. I wonder if Amazon will try and retroactively change that by changing the terms of service. Either that or it is those free Amazon coins that they will be giving out, not really free... just a specific number based on the number of purchases you've previously had so it works out in the end for the reader.

One thing to note is that you look at the patent and see they filed for it about three years ago. It was just approved now. So you may want to consider what changes they've been planning over the years.

 

[Soothesayer]

As far as the TOS ... Amazon can make that clear, like Dayla says, we're prawns. Don't like the new rules? See ya. There is an endless supply of authors to take one disgruntled writers place. I make my living on Amazon ... I can't just move on if the TOS changes, and Amazon knows that to some degree ... they hold all the cards as far as my career is concerned.

Sounds like you have all of your eggs at Amazon...a bad business decision, as you should have them in as many places as possible, including OFFLINE. Surprised more writers aren't doing this.

 

[Guest]

Wouldn't First Sale Doctrine mean the re-sale of the e-book triggers no royalty obligation?

The problem is that first sale doctrine only applies to physical items. You cannot "give" a digital item. You can only make a copy of it. Now you can put technology in place that restricts access (like the lending library) where the book file is unavailable on your account while it is loaned to someone else, but this is so easily ignored by simply side-loading the file to your own computer as to be useless. Heck, my mother, who is not a high tech person, figured this out (Why would I have to loan the book couldn't I just email a copy to your Aunt?"

The entire thing is odd because you have to wonder what Amazon's end game is, here. Perhaps it is something as innocent as allowing someone to give their digital collection to an heir after death (like the earlier post referencing Bruce Willis pointed out.) Perhaps it is a way for them to continue to sell ebooks that are pulled from the market. The next time they have a battle with one of the Big Six, they could stop selling "new" ebooks and sell "used" ones. But I can't imagine they plan to share the wealth. There is no real financial reason for them to go to all of the trouble of designing this sort of technology if they intend to pay the publishers normally. It's digital content, after all.

I could see this sort of thing being practical for MMOs, though. I'd love to sell my WOW account.

 

[Consuelo Saah Baehr]

Did anyone else read this in Publishers' Weekly?  Does it mean what I think it means?  When you're done with the kindle book you purchased you can sell it back to Amazon and they will re-sell it at a discounted price to someone else. 

 

[David Alastair Hayden]

All it means is that Amazon has the patent for it. Doesn't mean they plan on using it. They haven't announced anything and there would be some serious legal obstacles to them doing so. No one in the publishing, music, or movie/TV industries will be in favor of it. They would likely wage war over it.

 

[Lisa Grace]

First off, Amazon is technically "leasing" our books out, not outright selling them. I think they wanted to wrap up the patent in case they can figure out how to exploit those rights.

 

[H. S. St. Ours]

I choose to make my ebooks DRM-free, for a variety of reasons. But re-selling my unlocked "used" ebooks without paying a percent to the original author/self-publisher worries me. A perfect digital copy is not "used." Just ask a music industry lawyer.

 

[Ann in Arlington]

merged two threads on same topic. . .sorry for any confusion.

 

[Terrence OBrien]

"There's no ethical way to "resell" a "used" digital file. Patent be damned."

Sure there is. In economic terms, it's a transfer of property rights. Authors sell rights all the time. A used status doesn't matter.

 

[Lloyd MacRae]

Maybe it's time we authors get behind the Artist Resale Rights stuff.
Or start the eBook Authors Union.

There are a number of European countries as well as Austalia and New Zealand where an artist gets a cut of the selling price when their art is resold. I know there was some effort to pass similar laws in the US and Canada last year but I don't think it ever went through.

They are visual artist and we are mind artists

http://www.scribd.com/doc/76105978/Equity-for-Visual-Artists-Act-of-2011

I'll be pissed if one of my ebooks gets resold for $7.5 million

 

[Terrence OBrien]

How about Automotive Resale Rrights stuff? The car manufacturer could get a cut of all used car sales? Or maybe the contractor gets a cut every time a house is resold?

 

[P.A. Woodburn]

I could lie awake every night and worry about what Amazon is going to do next. I see they removed my likes just after I had a free run and got a bunch more. I'm not selling enough books to worry about these things.