The first sale doctrine which currently restricts the resale of digital
files and in doing so obviates the second hand market, has always been suspect and
now looks like its about to be tested even further by another piece of the evolving Amazon jigsaw.
The abstract below is from a US patent filed by Amazon in May 2009 and just
granted in January 2013.
Abstract
An electronic
marketplace for used digital objects is disclosed. Digital objects including
e-books, audio, video, computer applications, etc., purchased from an original
vendor by a user are stored in a user's personalized data store. Content in a
personalized data store may be accessible to the user via transfer such as
moving, streaming, or download. When the user no longer desires to retain the
right to access the now-used digital content, the user may move the used
digital content to another user's personalized data store when permissible and
the used digital content is deleted from the originating user's personalized
data store. When a digital object exceeds a threshold number of moves or
downloads, the ability to move may be deemed impermissible and suspended or
terminated. Additionally or alternatively, a collection of objects may be
assembled from individual digital objects stored in the personalized data
stores of different users, and moved to a user's personalized data store.
What does it mean to ‘used’ digital media such as music and ebooks is
not clear today. We still have legal rulings to be declared in the ReDigi US case
and we have the same company declaring its intent to come to Europe to resell
digital music this year. Now we have Amazon holding a patent, which like ‘one
click’ could restrict others whilst opening up a market that has been
threatened for so long, yet ignored by so many.
Not all patents convert and many sit in drawers. Amazon’s intent today is
unclear and whether this was just to cover their lending programme, or is intended
to cover full resale’s. Today their contracts restrict players such as ReDigi
from using their files , but does this mean that they have been planning a
further extension to their ‘walled garden’ all along?
Can this patent be used against others such as Redigi, or be used by
them to support resales?
How will this piece of the Amazon jigsaw fit with the other significant pieces
such as; Prime, FreeTime, Autorip, Lending, KDP etc?
The one thing that is very clear is that one company is building a
jigsaw and can envisage the picture whilst others are merely tinkering with the
individual pieces and the edges.
No comments:
Post a Comment