The first sale doctrine applies only to physical copies of copyrighted works. If the movie you want is only available on streaming then, even if you bought a perpetual license, the first sale doctrine does not apply, and you may not be able to sell or lend the movie you 'purchased'.
So far, the only company I've seen even talk about the idea (outside of NFTs, but that's an entirely different can of worms) was Microsoft in their original digital entitlements-only plans for the Xbox One, which were ultimately scrapped in the overall PR disaster of the Xbox One launch. Their plan to try to apply the first sale doctrine to game licenses was certainly flawed, but it would have been great to have seen it at least tried and tested in real world usage and from there iterated and improved upon.
I think one of the mistakes from that PR disaster is how many developers and detractors took the message from it "people don't want first sale at all for digital licenses" and have let the idea of it vanish again from public discourse. (Again at least outside of NFT discussions; I'm also wary that the problems of NFTs will again overshadow public discourse on the one good idea that digital entitlements would be better with first sale doctrine equivalents).
I think we need to be talking about this stuff more because it also affects things like digital inheritance rights. Right now, there's no survivorship guarantees for digital goods either. If someone dies with a huge Steam library or Movies Anywhere library, right now the Terms of Services just about directly state that account ends with them (it is often written as a contract between the user and only that user and the service in question) and their estates and trusts get nothing. That's a violation of first sale doctrine. That's a violation of a lot of estate planning expectations. (Digital estate planning today "isn't possible" under most TOS and EULA agreements.) It's either going to take some expensive court cases, a smart legislature crawling out of the woodwork somehow, or a coalition effort among companies to better digital goods rights across their services. (The first seems the most likely. The second might be possible in the EU, at least, given the GDPR mentioned the issue but punted on it. I don't think the third is that likely because it would require a lot more software for fewer profits, things companies don't want to do without external pressure.)
"The ECJ ruled, barring further recourse for appeal, that the principle of exhaustion applies to every first-time sale of software. Thus, used software trade has been declared fundamentally legal. According to the Court, this also applies to software that has been transmitted online. The ECJ even laid out that the second acquirer of computer programs that have been transmitted online may download the software from the manufacturer:"
its nice to see 'journalists' finally putting screenshots instead of embedded tweets in articles, a loss for accessibility for sure but the only way to preserve such tweets in the future. Embedding was obviously a bad idea a decade ago, nice to see they finally realize it too.
It could (in theory) be self hosted, but at that point screenshots are way easier to integrate with the only upsides being accessibility (which can be negated with an alt text), linking to the original Tweet (can also be fixed by making the screenshot a clickable link) and being able to copy the text.
When I think Netflix, it's the DVD's that I think of. Not the streaming. It saved me so much money when I was piss poor. Whatever the max plan at the time was perfect enough for me to dump cable and stop buying physical media.
Netflix's disc plan was simply amazing, about 15-20 years ago. They had titles that nobody else would carry and you just couldn't find anywhere else. I seldom went in for big blockbuster films. Most of the time, I would change the address on my account and then travel to my parents' for vacation, and do a few cycles of receive/return from their home. We would all gather around and watch.
There were religious documentaries, other documentaries, spiritual things, niche titles, just really enjoyable stuff that I could enjoy with Mom and Dad around.
It got to a point where I wasn't really watching the discs anymore at my own home, and so I canceled the service. I'm frankly amazed that it's perdured until 2023.
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[ 2.4 ms ] story [ 35.9 ms ] threadI think one of the mistakes from that PR disaster is how many developers and detractors took the message from it "people don't want first sale at all for digital licenses" and have let the idea of it vanish again from public discourse. (Again at least outside of NFT discussions; I'm also wary that the problems of NFTs will again overshadow public discourse on the one good idea that digital entitlements would be better with first sale doctrine equivalents).
I think we need to be talking about this stuff more because it also affects things like digital inheritance rights. Right now, there's no survivorship guarantees for digital goods either. If someone dies with a huge Steam library or Movies Anywhere library, right now the Terms of Services just about directly state that account ends with them (it is often written as a contract between the user and only that user and the service in question) and their estates and trusts get nothing. That's a violation of first sale doctrine. That's a violation of a lot of estate planning expectations. (Digital estate planning today "isn't possible" under most TOS and EULA agreements.) It's either going to take some expensive court cases, a smart legislature crawling out of the woodwork somehow, or a coalition effort among companies to better digital goods rights across their services. (The first seems the most likely. The second might be possible in the EU, at least, given the GDPR mentioned the issue but punted on it. I don't think the third is that likely because it would require a lot more software for fewer profits, things companies don't want to do without external pressure.)
https://curia.europa.eu/juris/document/document.jsf?docid=12...
https://www.computerworld.com/article/2505356/eu-court-rules...
https://en.wikipedia.org/wiki/UsedSoft#ECJ_ruling
"The ECJ ruled, barring further recourse for appeal, that the principle of exhaustion applies to every first-time sale of software. Thus, used software trade has been declared fundamentally legal. According to the Court, this also applies to software that has been transmitted online. The ECJ even laid out that the second acquirer of computer programs that have been transmitted online may download the software from the manufacturer:"
I bet Twitter would sue the crap out of whomever hosted it though.
There were religious documentaries, other documentaries, spiritual things, niche titles, just really enjoyable stuff that I could enjoy with Mom and Dad around.
It got to a point where I wasn't really watching the discs anymore at my own home, and so I canceled the service. I'm frankly amazed that it's perdured until 2023.