eBooks to resell - So the legal Situation is
- You buy a book in paper form, you will be the owner of this automatically. As the rightful owner, you are allowed to do then with the book, what you want to. This also includes a re-sale. In the case, lawyers speak of a principle of exhaustion.
- In the case of an eBook, it behaves a little differently. You don't buy an eBook, but only acquire an unlimited right of use. The right to use is, again, exclusively for you and therefore you are not allowed to sell the eBook also. In writing the rule, is fixed in the Terms and conditions of the respective eBook vendors and with the purchase of an eBook, you automatically agree to agree.
- After already several complaints against this approach had already failed, decided by the Oberlandesgericht Hamm in may 2014 that the eBook provider may in their Terms and conditions to the resale of eBooks is expressly prohibit. Read more here "the BGH, AZ: I ZR 120/14, OLG Hamm, AZ: 22 U 60/13".
- In short: The re-sale of eBooks is, according to the currently applicable law, are not legal. However, a decision of the European court of justice is in this respect that calls for a Dutch court.
eBooks on the eBook Reader
Due to this background the question arises whether eBook flat rates, not perhaps, an attractive Alternative.
