06-20-2022, 10:25 PM | #16 | ||||
Wizard
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I’d agree with you a little if you were talking about a 1:1 conversion after which the original is destroyed and the party to whom the new format is given expressly agrees not to duplicate it. But this is rather difficult to enforce on every front involved. |
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06-21-2022, 07:09 AM | #17 | |
the rook, bossing Never.
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Some countries it's a criminal rather than civil offence. Note in most countries the tariff for a criminal offence is fixed or has a cap. There is no cap on civil suits (damages may be assessed by a jury or judge etc). So in Ireland while Theft of Service is a criminal offence (and a limit of about €6000 or maybe 6 months jail) the Satellite Pay TV and Cable companies decline to agree to prosecutions and sue those providing gear, typically about €100,000. The customer of the piracy enabler is always offered a deal of simply paying (assumed) arrears of subscription since they last had one or moved in. Pubs and other public places pay a public performance licence AND a commercial subscription, so they are typically sued for a lot more than assumed arrears and not offered a deal. Disney has sued (of course) schools for showing their movies at public days (fundraisers, parents' days etc). Retail DVDs can't be used by video libraries in most countries. |
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06-21-2022, 07:18 AM | #18 | |
the rook, bossing Never.
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1) eBooks are not priced related to costs, but what the market will bear. 2) The majority of ebooks are read on phones and tablets, not eink. Even if eink based readers were 1/2 the price many would still read on phones or tablets anyway. 3) Literacy is an issue for lower income people even in rich countries. There are paper books in libraries in those countries. 4) The majority of people in the world are poor and literacy is an issue. 5) Children in households without books tend not to read books. It perpetuates. 6) Poorer people might have a feature phone but it might not support reading. 7) There are maybe close to 100,000 public domain books. Gutenberg alone has about 70,000. Those are accessible to anyone with a smart phone. |
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06-21-2022, 08:06 AM | #19 |
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As someone who respects the Constitution and rule of law, I think the court was clearly right in it's decision.
However, I believe public libraries are good and important, so any author or publisher who CHOOSES to NOT make stuff available to public libraries on 'reasonable terms' (whatever they are) should bear the full brunt of public shame and market pressure until they realize that just 'cuz something is legal doesn't make it right, and when you have the freedom to chose a course of action (and they should have that freedom to choose) there are consequences for choosing Evil. As I've said before, it's completely possible to be a successful and profitable corporation, and faithfully execute your fiduciary duties, and simultaneously NOT screw over everyone else. Last edited by ApK; 06-21-2022 at 02:59 PM. |
06-21-2022, 09:12 AM | #20 |
Readaholic
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The government should not be able to tell a business owner what he can sell his merchandise or services for. If my prices are too high, it will drive my customers to other businesses. If they are too low, it drives me out of business.
Mow in the case of a declared emergency the government has the legal right to prevent specific industries from raising prices for profiteering. That I do agree with. Apache |
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06-21-2022, 10:14 AM | #21 | |
Grand Sorcerer
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06-21-2022, 10:16 AM | #22 | |
Wizard
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06-21-2022, 10:32 AM | #23 | ||
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Licensing Policy Sample: Should Your Library Have a Written Licensing Policy? Quote:
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06-21-2022, 10:35 AM | #24 | |
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I can only speak with direct knowledge about video rentals, not libraries, but rental companies can't merely buy a retail DVD and then rent it out. The license you get with a retail purchase doesn't allow that. They arrange (and presumably pay) for a license that allows rentals. I really never thought about whether or not a library could just go to a retail bookstore (or used bookstore...) and fill up their circulating shelves, but somehow I doubt it. [ETA: Ah...see astrangerhere's posts above and below.] ApK Last edited by ApK; 06-21-2022 at 10:41 AM. |
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06-21-2022, 10:38 AM | #25 | |
Professor of Law
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06-21-2022, 12:53 PM | #26 |
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The major difference is that once a library has purchased a physical book, they can loan it out any number of times until it falls apart whereas most ebooks have a license limiting the number of loans and length of time the library can offer the ebook for loan.
For libraries in the USA, I have heard some interesting comments on the First Sale Doctrine which would appear to allow the library to purchase a physical book from any vendor and then be able to loan it out. Obtaining the ruggedized copies that libraries prefer would keep the cost higher than the retail store pricing. |
06-21-2022, 12:53 PM | #27 |
Wizard
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Which makes sense since they’re unable to buy retail ebooks and loan them out regardless of DRM status.
Imagine trying to circumvent the rights of the creator or rights holder to control their product from release. Copyright law might need reform but I think that’s a bit much. |
06-21-2022, 02:39 PM | #28 |
the rook, bossing Never.
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They are, but they can't just buy a regular retail copy. They have to pay a library price and often other licenses.
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06-21-2022, 02:47 PM | #29 | |
the rook, bossing Never.
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Buying a physical item for resale, or reselling it after use, isn't the same as hires and rentalsin most countries for most things. Like a retail car warranty might not apply to rental or taxi usages. Similarly the EU wide consumer protection of fit for purpose, no makers defects and as advertised (1 to 6 year protection depending on product) only applies to retail sales to private persons. Not wholesale sales or rentals. |
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06-21-2022, 04:56 PM | #30 |
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Not quite right. The First Sale Doctrine allows for library lending, video rentals, selling or giving away, etc. There are quite a few court cases that have allowed all those activities. It's even been used to cover grey market imports (for instance, a couple of cases have allowed textbooks printed in other countries by an American publisher to be imported and sold without infringing on the copyright).
You do have to have ownership before the First Sale Doctrine comes into effect. You can not rent, borrow, lease, whatever. Using your example, if I purchase a car, I have the right to rent it out, etc. If the warranty specifically excludes such activities, I would not be covered for warranty purposes though given the number of transferable warranties, it might make for an interesting case. I do know that locally leasing a car gives you coverage under the warranty. This courtesy of one manufacturer which attempted to revoke the warranty on leased vehicles and lost in court. Last edited by DNSB; 06-21-2022 at 05:00 PM. |
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