Downpour.com: audiobooks without the DRM

I’ve been buying audiobooks without DRM from eMusic for quite awhile. eMusic is OK, sometimes a bit of a pain, and their audiobook catalog isn’t very deep. Glad to have another alternative! Looks like Downpour’s book club charges less per month, and the monthly credit is good for a year, whereas the eMusic monthly credit expires each month.

But I notice that Downpour’s terms of service conflates “buy” with “license.” Downpour appears to explicitly deny the right of first sale. That is, Downpour asserts I may not loan or give an audiobook I have “bought” to a friend or family member, or sell it used.

If “buying” from downpour doesn’t give me the rights of an owner, I think they shouldn’t use the word “buy.” They should consistently say “license” or “rent.” It’s a good value, regardless, I just think it’s important we’re all clear on what it means to trade in digital goods.

I’m aware that Cory’s thinking about these members is far clearer than mine. I’d be curious to hear his take on this.