Cooling-Off & Secondary Markets: Consumer Choice in the Digital Domain
Indiana University Maurer School of Law
October 1, 2009
Virginia Journal of Law and Technology, Vol. 15, No. 227, 2010
This article studies the law and economics of cooling-off periods and secondary markets for online media. The discussion is fueled by a current debate: In July 2009, the online retail juggernaut, Amazon.com, remotely deleted literary classics from consumers’ portable “Kindle” reading devices. The public outcry and class-action lawsuit that followed have reinvigorated an ongoing debate about how much control digital media distributors should wield. Pundits and plaintiffs argue that too often, digital distributors like Amazon impair consumer freedom by misusing Digital Rights Management (DRM) software systems. However, these same systems could also provide significant benefits that have largely gone ignored. This article argues that, with the help of DRM, lawmakers could provide for cooling-off periods and nurture secondary markets for downloaded media that would benefit consumers, copyright holders, and digital distributors.
Number of Pages in PDF File: 38
Keywords: Cooling-Off, Cooling off, Secondary Markets, Digital Resale, Digital Returns, Digital First Sale, Kindle, Amazon Kindle, DRM, Digital Rights Management
JEL Classification: D23, K11, K00
Date posted: October 4, 2009 ; Last revised: January 31, 2014
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