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Author Topic: Delaware makes purchased digital content inheritable?  (Read 1241 times)

40hz

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Delaware makes purchased digital content inheritable?
« on: August 19, 2014, 12:58:43 PM »
It's a small but significant legal take-back from the publishing/media industry's one-sided licensing model.

Nate Hoffelder over at The Digital Reader reports as follows:

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Delaware Passes Law Which Makes eBooks and Other Digital Content Inheritable
19 August, 2014 - Nate Hoffelder   

 

Do you know that clause in the TOS for the Kindle Store and many other digital content stores which says that the content is licensed to you and is nontransferable?

The state of Delaware just negated that clause (in part).

Last week Governor Jack Markell signed House Bill (HB) 345, “Fiduciary Access to Digital Assets and Digital Accounts Act”, giving heirs and the executors to estates the same rights over digital content which they would have over physical property. ...

Read the rest of the article here.

A small manifestation of legal sanity. One state at a time. One step at a time.

Looks like it's finally starting to happen. (Fingers crossed.) :Thmbsup:

Bending_Unit

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Re: Delaware makes purchased digital content inheritable?
« Reply #1 on: August 19, 2014, 03:09:40 PM »
This needs to spread  :Thmbsup:

Renegade

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Re: Delaware makes purchased digital content inheritable?
« Reply #2 on: August 19, 2014, 05:26:54 PM »
Baby steps!  :Thmbsup:
Slow Down Music - Where I commit thought crimes...

Freedom is the right to be wrong, not the right to do wrong. - John Diefenbaker

40hz

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Re: Delaware makes purchased digital content inheritable?
« Reply #3 on: August 20, 2014, 08:57:34 AM »
TechDirt just weighed in with this article.

Blogger and attorney David "Passive Guy" Vandagriff draws different preliminary conclusions over what the new law may actually mean over at The Passive Voice blog (full article here):

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PG did a quick scan of the Delaware law and is skeptical that it permits ebooks to be inherited.

Instead, it appears to be designed to permit an executor or designated agent access to electronic accounts for things like ID’s/passwords, email, financial services, social media, domain registration, online store accounts, health insurance, etc.

The powers of the executor or agent are specifically limited to the relevant EULA’s which, in the case of ebooks, place limits on ability to transfer ebooks.

As mentioned, these conclusions are based upon a fast skimming of the legislation and PG could be wrong about his conclusions.

Renegade

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Re: Delaware makes purchased digital content inheritable?
« Reply #4 on: August 20, 2014, 08:17:42 PM »
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The powers of the executor or agent are specifically limited to the relevant EULA’s which, in the case of ebooks, place limits on ability to transfer ebooks.

What's to prevent someone from allowing another person to use their ebook (or whatever) from beyond the grave? 8) If it's not in the EULA... ;)
Slow Down Music - Where I commit thought crimes...

Freedom is the right to be wrong, not the right to do wrong. - John Diefenbaker