> How is this any different from series that are exclusive to Netflix?
Netflix is a subscription, but Audible sells things: their subscription provides credits that can be used to purchase audiobooks below list price, but you don’t lose access if you discontinue the subscription.
As this is a purchase-like transaction instead of a broadcast-like transaction, it’s reasonable to assume it should work like other purchases. That includes the right to transfer ownership to someone else, either temporarily (loan) or permanently (gift/sale).
That depends on what you consider a digital purchase. DVDs, CDs, and game cartridges are nothing but physical manifestations of digital data, and everyone was allowed to loan or resell those. Books arguably are, too, and have hundreds of years of established legal precedent.
Why should this newcomer (downloads) be treated differently without specific legislation?
In case of physical manifestations, there is an ownership of the physical medium, and copyright rights are 'subservient' to ownership transfer/loan of mediu through 'first sale' doctrine.
For intangible copyright works (e.g. downloadable software), it is just contract and there is no transfer of ownership.
There is specific legislation that establishes 'first sale' doctrine for intangible software, but not for other copyright works.
The current situation is similar in the US, except for the extra enabling legislation. Copyright law was never intended to completely prevent the secondary market, because nobody envisioned technology that would make ownership transfer impossible without making copies— a consumer would always have an “original” that the author was paid for and could be given away freely.
Netflix is a subscription, but Audible sells things: their subscription provides credits that can be used to purchase audiobooks below list price, but you don’t lose access if you discontinue the subscription.
As this is a purchase-like transaction instead of a broadcast-like transaction, it’s reasonable to assume it should work like other purchases. That includes the right to transfer ownership to someone else, either temporarily (loan) or permanently (gift/sale).