[Free-sklyarov-uk] [Fwd: RE: ebooks] WHSmith on their ebooks

[AndrewR]

Matthew Johnson wrote:

> "....permits the owner of a particular copy ... to sell or otherwise dispose
> of possession of that copy ... without the authority of the copyright owner,
> Commonly referred to as the ``first sale doctrine,'' this provision permits
> such activities as the sale of used books...."
>

The UK equivalent is at
http://www.legislation.hmso.gov.uk/acts/acts1988/Ukpga_19880048_en_3.htm#mdiv18
which basically boils down to "the copyright holder can't restrict any resale,
loaning, or hiring." (UK Acts of Parliament like to do things with lots of words
where a few would do :-)

>
> This, combined with Dmitri's imprisonment after cracking exactly this
> encryption scheme has *got* to show that the DMCA / EUCD are unconstitutional
> (and whatever the equivelant is here).

Unfortunately, things don't work quite like that here.  The principle that
applies is that of "implied repeal" - basically that, if two acts of parliament
contradict each other, whichever was passed later applies.

> The eBook encryption obviously
> inhibits this use - you cannot even move the eBook from one machine to
> another, since that involves making a copy, the deleting the original, and
> even the original is locked to you're copy of eBook Reader.
>

Under current UK law, the eBook encryption is (imo, but ianal) breaking the bit
of law linked to above, but if the EUCD is incorporated into UK law, and parts of
it disagree with current law, the EUCD would apply, because it would be the newer
Act, and so would be the one that applies.  :-(

Andrew

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