Re: Sales of CD's on Ebay

""Roy Stockdill"" <roy@xxxxxxxxxxxxx> wrote in message
news:20050902122518.125585EE1B9@xxxxxxxxxxxxxxxxxxxx
>> From: "Dave Mayall" <dave@xxxxxxxxxxxxxxxxxxxx>

> I also own the physical medium of six sets of Yorkshire census CDs,
> none of which tell me on the box or in the booklet that I can't sell
> them (which I think you agreed I was OK on, since it's not stated
> on the product itself, only on the S&N website). What's the
> difference between them and a book? Both contain data/information.
> Are you saying I could sell a book containing census page extracts
> but not the CDs? Can't quite see the logic there.

Logic doesn't come into it!

The contract for the sale does.

It is a maxim of law that you cannot sell that which you do not own.

If you do not own a transferable licence then you don't own anything that
you can sell.

The problem with this discussion is that it is navigating the complex waters
of both copyright and contract law.

If you buy something which is the subject of copyright, you invariably buy a
licence to use that copyright material in some way.

That licence will (also invariably) be limited. The extent of the limitation
is a matter of contract between seller and buyer (subject to any enactment
which limits this).

It isn't a one-size-fits-all thing laid down.

> > Notably, you cannot re-bind it and sell it on.>
>
> I am a collector of second-hand books (as well as genealogical data!)
> and have many of them. Some I have had rebound at considerable
> expense. Are you seriously telling me I couldn't sell them to another
> collector or dealer if I needed to raise a few bob? Mind you, we are
> talking here about books mostly 100 years old or more, not new ones.

Well, if out of copyright, you are OK.

However, take a look in the front of many books, and you will find just such
a condition imposed.


.

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