[Van in Arlington]

I have noticed, on this site and others, Kindles for sale with the books included.  I have also read the technical explanations of how the books don't seem to disappear even if the Whispernet is used.  So, it appears that the technology, at least as currently implemented by Amazon, permits books to be sold with a Kindle.  My question is not whether the technology will allow it, but whether it's legal.

The Kindle: License Agreement and Terms of Use says, under Restrictions, "You may not sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any rights to the Digital Content or any portion of it to any third party, and you may not remove any proprietary notices..."

In light of this language, how could I sell my Kindle with books included to someone else.  I can see how this would not apply to multiple Kindes registered to the same Amazon account or MAYBE even multiple Kindles registered to more than Amazon account held by the same person, but these third party sales of books clearly don't seem to be permitted.

I would welcome thoughts and clarification.

 

[ak rain]

is it that the seller is not keeping copy of text. I used to find books at garage sales, used book stores and such? just a thought I am a long way from a lawyer.
sylvia

 

[MonaSW]

is it that the seller is not keeping copy of text. I used to find books at garage sales, used book stores and such? just a thought I am a long way from a lawyer.
sylvia

Actually the seller IS keeping a copy of the Amazon books because they are backed up in their account.

I must admit this has concerned me a bit.

 

[ak rain]

you are right MonaSW I did not think of that.

thank you for correcting
Sylvia

 

[pidgeon92]

The legality of not removing the books prior to reselling a Kindle is something Amazon ought to address clearly. They certainly have the technology to remove the books when the Kindle is re-registered. No doubt if the publishers detect abuse they will force Amazon to do so.

 

[Van in Arlington]

I agree that the seller is keeping a copy of the books (on Amazon).  I may be missing something, but it seems as though the only way to transfer rights would be for Amazon to provide a facility to do so -- sort of like a used book sale.  Of course, there's no incentive for Amazon to do that because in effect they would be making every Kindle owner a competitor.

Clarity (beyond the license language) would be helpful.

 

[MamaProfCrash]

Keeping books on the Kindle when you sell it sounds to me like a violation of the users agreement. I get why people want to do it, goodness knows I am tempted to play the register then deregister game with my SIL so we can share books. That doesn't mean that it is not a violation of the users agreement.

As someone pointed out, when I buy a book and lend it to a friend, that friend can read the book but I cannot. On the Kindle, when I buy a book and share it with a friend (register, load book, deregister) we both have the book.

 

[luvmy4brats]

When I sold mine, I left the samples and the books I had gotten free from Amazon and other sources. I may have missed a couple purchased books here and there, but I tried to get them. I had over 200 books from Amazon alone, so it wasn't exactly a walk in the park to remove them all.

I do like to let people know about how a book will still be there after it's deregistered and then reregistered only because I hate it when misinformation is passed around as gospel. What people choose to do with that information is up to them.

I also like to let people know about the register/deregister because someone else may be in a situation like me, with a child on their account. I choose to purchase books that aren't appropriate for her on another account and stll have access to all of my books. It's a parental control of sorts.

 

[davem2bits]

Why does this technology have to be Lawyered up tighter that the old technology; paper and ink?  We've agreed to be limited to "up to six" Ks downloading while a DTB has a much greater potential reader count.  I doubt that a publisher would win a court battle on this, when everyone is familiar with the passing of DTBs either thru hand off or sale.  I can't really see the difference.

But I am not a lawyer either.  So I don't see this as potential income.

 

[nelamvr6]

When I sold my K1 I deleted all books.