11th August 2018, 6:28 AM
Let me just say this right now. If "first sale", the basic notion that once I buy something, I can resell it is killed, there goes garage sales, there goes pawn shops, there goes all used car dealerships, there goes buying any house that isn’t brand new. There goes libraries. There goes the entire "reuse" part of "reduce reuse recycle". There goes everything. It’s not a slippery slope, its literally the result of destroying first sale doctrine.
Zenimax and their logic of "material transformation" is dangerous thinking here. Heck, I couldn’t even sell a modded old game console any more if that’s what "material transformation" means. I couldn’t sell acid washed jeans, or a book with foot notes written in it. No, I’m pretty sure "material transformation" was meant to specifically describe making a copy of the protected work and then selling that, you know, transforming the material it’s on.
https://www.polygon.com/2018/8/11/176612...azon-block
I don't think this will go through, by the way, but it helps to remember that THIS is what modern major publishers (which Bethesda and their parent Zenimax now are) want to do.
Zenimax and their logic of "material transformation" is dangerous thinking here. Heck, I couldn’t even sell a modded old game console any more if that’s what "material transformation" means. I couldn’t sell acid washed jeans, or a book with foot notes written in it. No, I’m pretty sure "material transformation" was meant to specifically describe making a copy of the protected work and then selling that, you know, transforming the material it’s on.
https://www.polygon.com/2018/8/11/176612...azon-block
I don't think this will go through, by the way, but it helps to remember that THIS is what modern major publishers (which Bethesda and their parent Zenimax now are) want to do.
"On two occasions, I have been asked [by members of Parliament], 'Pray, Mr. Babbage, if you put into the machine wrong figures, will the right answers come out?' I am not able to rightly apprehend the kind of confusion of ideas that could provoke such a question." ~ Charles Babbage (1791-1871)