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The people selling ebooks on ebay
#1  drew726 03-21-2010, 02:52 PM
How are they selling ebooks of major authors on ebay? They can't possibly have gotten the resell rights to them right? I can't imagine any publisher giving them the rights that easily.
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#2  Nakor 03-21-2010, 02:59 PM
eBay doesn't police it (much like YouTube doesn't police their own site for infringement) except to the extent it takes to ensure the sales follow their policies regarding eBooks here under Restricted.

If any of the sales are illegal it's up to the IP rights owner to issue a takedown notice to eBay. eBay has the same policy regarding counterfeits. If they haven't done that then the listing stays up, as eBay has no way to know who has rights and who doesn't.

Source: I used to work support for eBay.
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#3  DawnFalcon 03-21-2010, 06:30 PM
Quote drew726
How are they selling ebooks of major authors on ebay? They can't possibly have gotten the resell rights to them right?
What's a "resell right"?

Hint: First Sale / Exhaustion Doctrine
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#4  mr ploppy 03-21-2010, 07:38 PM
They are just fan made ebooks downloaded from the internet. They have no right to sell them, and you have no right to buy them. If you want them anyway, they should be easy enough to find for free, so there's no point adding to Ebay's profits by buying them.
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#5  K-Thom 03-21-2010, 09:16 PM
eBay has clear guidelines about that, for years.

Quote
Examples of digitally delivered goods that can't be advertised on eBay: (...)

eBooks you don't own the copyright to and aren't authorized to resell by the owner, the owner’s authorized agent, or the law
also

Quote
If you list eBooks in a category other than the Everything Else category, you need to:

Send the eBook by postal mail.
Which is kinda bizarre. But again, them's the rules.
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#6  DawnFalcon 03-21-2010, 09:33 PM
Quote mr ploppy
They are just fan made ebooks downloaded from the internet. They have no right to sell them, and you have no right to buy them.
Proof? Remember, you've made an absolutist statement...
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#7  carlobee 03-22-2010, 02:22 AM
Quote Nakor
eBay doesn't police it (much like YouTube doesn't police their own site for infringement) except to the extent it takes to ensure the sales follow their policies regarding eBooks here under Restricted.

If any of the sales are illegal it's up to the IP rights owner to issue a takedown notice to eBay. eBay has the same policy regarding counterfeits. If they haven't done that then the listing stays up, as eBay has no way to know who has rights and who doesn't.

Source: I used to work support for eBay.
nice. great info there!
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#8  mr ploppy 03-22-2010, 07:40 AM
Quote DawnFalcon
Proof? Remember, you've made an absolutist statement...
It would be difficult to provide proof without naming one of the sites where they get them from, but they are the same collections with the same bizarre contents -- David Moody Autumn collection with 2 non-Autumn books included, James Herbert collection with a Frank Herbert book, etc.

Some of them are selling (or claim to be selling) American public domain books from Project Guttenberg if that's what you mean, but the same comment would apply -- they have no right to sell them outside America, and anyone who wants them can just download them for free instead.
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#9  Shaggy 03-22-2010, 04:59 PM
Quote mr ploppy
They are just fan made ebooks downloaded from the internet. They have no right to sell them
You make it sound like you're talking about ALL ebook sales on Ebay (which is a pretty broad statement), or did you just mean some of the ones you've looked at?
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#10  DawnFalcon 03-22-2010, 06:00 PM
Quote mr ploppy
Some of them are selling (or claim to be selling) American public domain books from Project Guttenberg if that's what you mean, but the same comment would apply -- they have no right to sell them outside America, and anyone who wants them can just download them for free instead.
Completely incorrect.

If a book is PD in your country, then you are entitled to do whatever you like, including selling it. Yes, people can download it for free, but you can sell it if you wish. There is nothing legally wrong with this, unless you're actively advertising it in countries where it's not PD.

I'd suggest you get with the specific examples.
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