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11-23-2010, 08:19 PM | #16 |
Wizard
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Yes, it is an important distinction but has nothing to do with the actual argument. Too often, people here have used semantic obfuscation to support lame arguments (I'm not accusing you of it).
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11-24-2010, 01:52 AM | #17 | |
Grand Sorcerer
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No, buy those DRM infested books and announce that you'll strip the DRM. That way they do see that you want books, but that whatever they do to protect it, however much money they invest in it, it's wasted, because people will remove the DRM anyway. But never distribute. |
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11-24-2010, 02:21 AM | #18 | |
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Never shared. My ebook |
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11-24-2010, 02:27 AM | #19 |
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Please stop saying that stripping DRM from eBooks is illegal in the USA. It's not legal or illegal yet. It is a gray area at present. What we do not know is if fair use trumps the DMCA or does the DMCA trump fair use? Until there is a definitive legal ruling, we just won't know the legality.
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11-24-2010, 02:30 AM | #20 |
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Has anyone who purchased any eBooks (in MS Reader format) from HarperCollins been able to download them using Windows 7 and MSIE 8? I already have all of them downloaded from before. But on Windows 7 with MSIE 8, I cannot download them. I do not know who's side the issue is on. It is the first time I've tried to download MS Reader eBooks using Windows 7.
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11-24-2010, 02:38 AM | #21 | |
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The only reason I didnt look it up before is because I thought it was illegal in the US. Thanks. |
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11-24-2010, 03:58 AM | #22 | |||
The Grand Mouse 高貴的老鼠
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But this means that while it's legal to remove the DRM from ebooks in certain circumstances, it's not legal (in the US) to tell anyone how to do it, or provide the software. |
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11-24-2010, 04:13 AM | #23 | |
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Here, it's legal to download everything (except software) that is under copyright. But, it's not legal to upload. So, the uploader is guilty, the downloader isn't |
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11-24-2010, 06:57 AM | #24 | |
Wizard
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That is illegal. What remains to be seen is what the publishers are going to do about it. Since what you purchased as a license, not an eBook, there is no Fair Use argument here. |
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11-24-2010, 06:58 AM | #25 | ||
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Besides, have you ever actually read any of the eula's? Let's take Fictionwise: Quote:
Last edited by Sweetpea; 11-24-2010 at 07:05 AM. |
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11-24-2010, 09:18 AM | #26 | |
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It's pretty hard to argue that I've entered into a contractual agreement when the terms of the contract are hidden from me. Plus no one asks my age at a book site--suppose the book buyer is a minor who can't legally enter into a contract? Distributing the material is entirely different. There I would be guilty of copyright infringement. |
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11-24-2010, 10:23 AM | #27 |
Wizard
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It was mentioned in another thread - "violating" the license is not necessarily ILLEGAL. It is a violation of a contract which is a CIVIL matter. You might be able to be individually sued but not thrown in jail. Some might consider that a minor difference but it is not minor.
So for example, you buy ebook from Amazon. Strip the drm and read it on Sony. Somehow Amazon finds out and sues you. What are Amazon's losses? Hard to say if they don't sell a Sony copy - then they did not lose a sale. Kind of like CIVIL trespass - I walk across your lawn - some damages suits in such cases have awarded damages of ONE PENNY - the jury found the harm minimal. Now that does not mean you might not have to defend a CIVIL suit and that could cost more than that PENNY. Georestrictions would be similar but in that event it is an agreement not even entered into by the purchasers. Those are 3rd party agreements. Not even the seller has necessarily signed such agreements - they are between publisher and author. Anyone visiting the US for example can buy a pbook limited to sale/distribution in the US. I really don't expect another country's customs officials to seize it when returning home. Is there a violation? Maybe before a sale, citizenship should be checked! But there is obviously more control over an ebook - well, until some kiosk is set up that sells ebooks directly to your reader (unless there is a lock/key avoiding such sales) or they start selling ebooks on disk. |
11-24-2010, 10:26 AM | #28 |
Wizard
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11-24-2010, 10:30 AM | #29 | ||
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Irrelevant. You broke the license. The license usually describes what the penalities are for breaking it. |
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11-24-2010, 10:32 AM | #30 |
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drm, fraud, harper collins |
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