The Anti-Ownership Ebook Economy: How Publishers and Platforms Have Reshaped the Way We Read in the Digital Age

57 Pages Posted: 24 Jul 2023

See all articles by Jason Schultz

Jason Schultz

New York University School of Law

Sarah Lamdan

CUNY School of Law

Michael Weinberg

Engelberg Center on Innovation Law & Policy, NYU Law

Claire Woodcock

University of Colorado at Boulder

Date Written: July 2023

Abstract

Have you ever noticed that you can’t really “buy” an ebook? Sure, when you click that “Buy Now” button on your ereader, tablet, or phone, it feels like a complete, seamless transaction. But the minute you try to treat your ebook like a physical book – say by sharing it with a friend, selling it to someone else, donating it to a school library, or sometimes even reading it offline, reality sets in. You can’t do any of those things.

With most ebooks, even if you think you “own” them, the publisher or platform you bought them from will say otherwise. Publishers and platforms insist that you only buy a license to access the books, not the rights to do anything else with them. And because platforms like Amazon and Apple control most of the technology we use to read ebooks, their opinion often dictates the reality of the ebook ecosystem. Beyond controlling books, these platforms can also do several things no physical bookseller has ever had the power to do. They can track your reading habits, stop you from reselling or lending a book, change the book’s content, and delete it from your digital library altogether – even after you’ve bought it. This doesn’t happen in the print book market, where you can still feel confident that when you buy a book, it’s yours to share, sell, or simply read without it being tracked or censored.

Something happened when we shifted to digital formats that created a loss of rights for readers. Pulling back the curtain on the evolution of ebooks offers some clarity to how the shift to digital left ownership behind in the analog world.

Keywords: copyright, competition, ebooks, ownership, property, contracts

Suggested Citation

Schultz, Jason and Lamdan, Sarah and Weinberg, Michael and Woodcock, Claire, The Anti-Ownership Ebook Economy: How Publishers and Platforms Have Reshaped the Way We Read in the Digital Age (July 2023). Available at SSRN: https://ssrn.com/abstract=4511975 or http://dx.doi.org/10.2139/ssrn.4511975

Jason Schultz (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

HOME PAGE: http://rb.gy/am2zpr

Sarah Lamdan

CUNY School of Law ( email )

2 Court Square
Long Island City, NY 11101
United States
7183404563 (Phone)

HOME PAGE: http://www.law.cuny.edu/faculty/directory/lamdan.html

Michael Weinberg

Engelberg Center on Innovation Law & Policy, NYU Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

Claire Woodcock

University of Colorado at Boulder ( email )

1070 Edinboro Drive
Boulder, CO CO 80309
United States

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