can you sell pdfs?

[Nikosandros]

Honestly, in my opinion, you are far better off just asking the publisher for a refund.

Why would a reseller offer a refund?

Besides the obvious problem that there can be no proof (unless strict DRM is involved) that the buyer is not retaining a copy, why should a refund be issued anyway?

It's not like you can return a book to WotC once you get bored with D&D...

 

[Wulf Ratbane]

Why would a reseller offer a refund?

Speaking only for myself?

Because I'm not a dick.

 

[Asmor]

Personally, I'd lean towards common sense. Whether it's technically legal or not, as long as you make a good-faith effort at removing all copies of the PDF, and make it a point to not access any copies which are difficult to remove (such as those on tape backups), I'd say you're in the right ethically if not legally.

Of course, as has been mentioned, care should be taken when selling watermarked PDFs for your own protection. At the very least, keep a record of the sale.

 

[Starglim]

Why would a reseller offer a refund?

A publisher might, for the same reasons a restaurant would give a refund if you complained about their food.

edit: What do you mean by a reseller, in this context?

 

[Dannyalcatraz]

FWIW, there are all kinds of pdfs for resale on sites like ebay. Of course, that's only evidence that those resellers haven't been sued.

I can't say I've seen any case law on point, but if you came to me, I'd say err on the side of caution: if the PDF seller explicitly says its OK to resell, its OK. If they don't, its not- check the agreement accompanying the PDF.

If you want to do some reading on the subject, here's a link to a search I did of the US's Copyright Office. That first pdf listed has a (lengthy) report about the relevant law- start reading about p44 or so for the full buildup.

http://search.loc.gov:8765/query.ht...=0&si=0&qt=pdf+resale&go.x=0&go.y=0&go=submit

The most relevant part of the document starts around p66, where it notes that the Record Rental Ammendment of 1984 recognized the right & neccessity of certain IP holders to be able to limit the right to resale, even after a legitimate "first sale" has occurred.

That's followed by all the stuff about computers programs, etc.

 

[JDJblatherings]

PDF "ownership" is tricky when one buys a pdf that has free updates as errata is noted and other such issues (even edition conversion) they then aren't buying simply a product but are in fact buying a service.

 

[Nikosandros]

Speaking only for myself?

Because I'm not a dick.

That's very generous of you. And I mean it, with no sarcasm whatsoever.

 

[Nikosandros]

Aedit: What do you mean by a reseller, in this context?

Nothing... I made a mistake. I meant publisher.

 

[Yair]

Interesting. I don't have anything new to contribute beyond what was said above - just wanted to thank everyone for an interesting discussion. It certainly seems like a legal quagmire.

 

[Mishihari Lord]

FWIW, there are all kinds of pdfs for resale on sites like ebay. Of course, that's only evidence that those resellers haven't been sued.

...

Thanks, Danny. Given what I pay my IP attorney, I'm always amazed that a for real IP attorney is willing to chip in advice on a message board.