Why Do Publishers Treat Customers As Crooks With Scolding Copyright Notices?
from the no-way-to-make-a-fan dept
Jeff Cliff points us to an interesting story in which writer Rebecca Blain points out just what a complete freaking downer it is to get an ebook (legitimately) and then have it dump a massive threatening copyright notice on you that assumes you're a crook. Think of it as the equivalent of the stupid, annoying and pointless FBI warning found at the beginning of movies:So, off I went. It was a nice evening, and I had a few minutes before bed. I fire the kindle up, select Last of the Lesser Kings, and start to read. Well, I tried to. Encountered quite a few pages of legal threats telling me how much I would be sued for if I had the sheer audacity of putting this book on more than one device that I owned. Heaven forbid if I lend it out to anyone. The amount of the violation didn’t have two, three, or four zeros. Try five or six. I don’t remember the exact amount, but I remember the complete shock and impossibility of the average person being able to pay that sum. I’m not going to open my kindle to find out again. It made me mad enough even having to type this out.She then followed that up with another post that actually included that copyright notice along with another random selection of notices. First, here's a snippet of the copyright notice that led to the original blog post, from the book Last of the Lesser Kings by T.L.K. Arkenberg:
After having read the book, I can state with some confidence that this author’s book is not worth four or five digits to me, let alone six. If I had bought this book, rather than being presented to it as a reviewer’s ARC, (this was a post-publication, so it was exactly the same content a paying reader receives) I’m pretty confident I would have asked for a refund without reading the book, seeing as I wasn’t paying to be threatened.
The other copyright notices she looked at were not nearly as threatening, though at least some of them appear to engage in copyfraud by overclaiming their rights and ignoring the possibility of fair use exceptions. Perhaps most interesting is that a few of the books she looked at, including at least one by a "big name player", did not include any copyright notice at all.Your non-refundable purchase of this e-book allows you to only ONE LEGAL copy for your personal reading on your own personal computer or device. You do not have resell or distrubition rights without the prior written permission of both the publisher and the copyright owner of this book. This book cannot be copied in any format, sold, or otherwise transferred from your computer to another through upload to a file sharing peer to peer program, for free or for a fee, or as a prize in any contest. Such action is illegal and in violation of the South African Copyright Law. Distribution of this e-book, in whole or in part, online, offline, in print or in any way or other method currently known or not yet invented, is forbidden. If you do not want this book anymore, you must delete it from your computer.
WARNING: The unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to 5 years in federal prison and a fine of $250,000.
ALL RIGHTS RESERVED: This literary work may not be reproduced or transmitted in any form or by any means, including electronic or photographic reproduction, in whole or in part, without express written permission. All characters and events in this book are fictitious. Any resemblance to actual persons living or dead is strictly coincidental. The Licensed Art Material is being used for illustrative purposes only; any person depicted in the Licensed Art Material, is a model.
In the end, though, the real point is that this is not how you connect with your fans, by defaulting to assuming that they're all trying to distribute unauthorized copies of your work. Assuming the worst of your fans likely means you're going to have fewer fans. Trusting your fans and not scolding them tends to lead to much better results. It's too bad so many publishers haven't figured that out yet.
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Filed Under: copyright notice, cwf, ebooks
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Never Buying An Ebook
I am proud to say I won over 1300 pieces in my Library.I can read them anywhere, sell any I want, bring them to someone's home, or "share" them if I allowed that.
Ebooks are disgusting to a guy like me.I am a freedom loving Purist when it comes to books.I know exactly what an Ebook is and from what I see you buy and buy but you do not even own what you buy !!! You feed the greed of the big Corporate Media Companies while I sit there with a nice big smile owning my Books, loving them, and still reading them 44 yeasrs later.I use my own IPAD and that is ME, my two hands, and two eyes................the best Ipad Money don't buy !
Check out a sampling of my Books here where I host my galleries of science fiction.You love old Ace Books,Avon,Pocket, ETC or Astounding Stories,Planet Stories, Wonder Stories, eTC you will see a ton of incredible cool old scifi in my personal Library.
http://www.bigmeathammer.com/gallery.htm
Hope you guys enjoy this.
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Re: Never Buying An Ebook
That said, she's never paid more than $2 for an eBook and usually gets them for free. Despite what the companies think, her getting them for free means she's reading more books than she otherwise would, meaning she's willing to give more books a chance, meaning there's a MUCH greater chance she'll spend money on their products, if they're good. So I guess the problem is, they want to get paid for the crap and don't mind if they screw over fans in the process (by making them pay for crap).
So, just because you're a collector does not mean eBooks should be "disgusting" to you. What should be disgusting is the DRM they're currently putting in them, and as usual, illegal, free option strips all that crap away and then eBooks become exactly what they should be: an extended free preview of a book, so you're better informed on if you want a book to be a part of your collection or not.
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Re: Re: Never Buying An Ebook
I love a good book myself and have been going out of my way to find hardcover versions of all of Michael Crichton's books. However, I would not balk at the idea of also having all his books on my ereader. I love the convenience.
Paper books, and specifically hardcover books, are not going to go away, but will become a premium offering. They will be for those collectors and mega fans. The idea that books should come out in the order of hardcover -> trade paper back -> ebook -> mass market paper back is going to be turned on its head. Books are shifting to ebook -> 'whatever paper version people want' Nothing can stop it.
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Re: Re: Never Buying An Ebook
And I will never have to depend on reading some file format that might not be readable in the future.
You should think about if you will even be able to read one of these books in 20 years or 50 years, ETC.
I will be dead by then but my son and what children he might have will inherit one cool and unique Collection to be Valued for many Years !!!
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Re: Re: Re: Never Buying An Ebook
I understand your fear of wasting money on something you don't actual own but if its DRM free and a non-proprietary format it should be available until the end of time (or when the EMPs go off or when the earth magnetic field goes out of whack...)
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Re: Re: Re: Never Buying An Ebook
> children he might have will inherit one cool
> and unique Collection to be Valued for many
> Years !!!
Reading your posts, I find your choices in regard to capitalization to be curious, to say the least.
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Re: Re: Re: Never Buying An Ebook
Yea that's right, I don't own a single book in ebook form that is still copyrighted. There's so much good content out there that current writers have to compete against, I see no reason to spend money on it to find out whether or not I like their books, let alone the author. If they want me to read their stuff, they're going to have to give away the digital, infinite goods and make a business model for me to support them another way.
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Re: Re: Re: Never Buying An Ebook
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Re: Re: Never Buying An Ebook
> as wonderful as a good hardcover. That would
> be like trying to replace a classic car with
> a scooter. But a portable device capable of
> holding thousands or millions of books can
> VERY well replace paperbacks
I agree. I love that I can read a one-off paperback on my iPad and delete it when I'm done and not have to think about it anymore. I recently moved from the east coast to the west coast and had a major headache trying to dispose of hundreds of old paperbacks that had been just taking up space before my move. Even the used book stores refused to take all but a small percentage of them. I ended up dumping most of them at Goodwill.
I still buy hardcovers from my favorite authors, but even those I get mostly from small specialty presses like Donald Grant's editions of The Dark Tower series by Stephen King.
But for those books that I know I don't want to collect and I'll only read once, the iPad/Nook/Kindle is the best thing since sliced bread.
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Re: Never Buying An Ebook
To clarify, I have a huge library of books myself and like nothing more than it sit down with a good book and a cup of tea. But people like you make books sound like an elitist, Luddite sort of thing. There are lots of benefits to have ebooks, with a few downsides because content creators are currently clueless about the way the world works. That's all.
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Re: Re: Never Buying An Ebook
Paper books are great. So are ebooks. So are video games and movies and comic books and art prints, etc. The medium is just a method for communication. The communication is what is important.
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Re: Re: Never Buying An Ebook
Try squishing a big, hairy spider with an ebook. See how well your ebook reads after you've dropped it in the toilet. Try lending one to a friend who comes by. Try trading a couple you've read for one you haven't.
No, for all their convenience, ebooks that you've licensed are still inferior to hardcopy books that you own.
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Re: Re: Re: Never Buying An Ebook
That being said, a person owning a hard copy of a book has rights that a person "owning" an ebook does not. If the ebook holder follows the rules the publisher would like her to, that is. :-) (Big if on that one...)
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Re: Re: Re: Re: Never Buying An Ebook
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Re: Never Buying An Ebook
What truly sucks is the publisher's sense of entitlement. They distorted everything. Now you don't buy an ebook, you license them. They have the power that would be equivalent to entering your house through force and taking back the book you paid good money for. God help you if someone else reads even one letter of your copy.
Counterfeit physical objects may be worse than genuine, but in the digital world, the pirate's product is actually better than the publisher's. By orders of magnitude.
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I love this
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She should hide
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Helluva big jurisdiction
illegal and in violation of the South African Copyright Law
but
is investigated by the FBI and is punishable by up to 5 years in federal prison ?
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Re: Helluva big jurisdiction
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Re: Helluva big jurisdiction
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Re: Helluva big jurisdiction
Then again, it could simply be that the FBI has nothing better to do than go around looking for people copying e-books from publishers located in other contries in violation of countries Copyright Laws.
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Re: Helluva big jurisdiction
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Re:
I can't seem to find a decent program to accomplish this.
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foreboding recursion
Of course there's a certain amount of doublethink involved to put up a notice requesting people not acknowledge the existence of the notice, but still expect them to be beholden by it.
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Re: foreboding recursion
That's right folks, I'm opening the world up to a whole new copyright troll spoiler lawsuit liability. You're welcome.
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Re: Re: foreboding recursion
LOL What abunch of morons.
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Overreach fail
"Your non-refundable purchase of this e-book..."
You didn't license the ebook, you didn't purchase a license for the ebook... You bought the ebook.
Right of first sale applies.
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Overreach fail
"Your non-refundable purchase of this e-book..."
You didn't license the ebook, you didn't purchase a license for the ebook... You bought the ebook.
Right of first sale applies.
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Re: Overreach fail
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Re: Overreach fail
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Re: Re: Overreach fail
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Re: Re: Overreach fail
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Re: Re: Re: Overreach fail
Though I have both types of Playstations at the office (3 actually), 2 of then are fully using linux (slackware & an inhouse hacked *nix for snort) and one of them is NOT a "phat". The other is used as a pristine stock PS3 (with updates as they occur)and stress relief gaming ;)
Sony can come and try to stop me doing this at any time. I wont remove the 'jailbreak', and they would have a very very hard time of stopping me. Think 0% or less!
As for jailbreaking the xbox? Why bother, it has the computing power of a 2009 Pentium (or less). Great for playing HALO and using for a doorstop at other times.
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Re: Re: Re: Re: Overreach fail
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Re: Re: Re: Re: Re: Overreach fail
Firstly you need to be AWARE of them doing it.
People keep saying there is no such thing as a perfect crime, that's correct since a "perfect crime" can ONLY occur if someone knows the crime has been committed. if no-one knows.. no crime.
Jailbreaking itself is not a crime, and if it was the Government would initiate proceedings against the alleged criminal, Sony can only initiate civil proceedings no matter what they try to scare people with. And if for some stupid reason the Govt tried to charge you and prosecute then SONY would be a bystander like anyone else, actually they might be classified as an informant, or 'victim/witness' which mean they can do even LESS than a standard bystander. (This is why the MPAA/RIAA et.al hate the idea of criminal trials)
So Sony needs awareness, they then need evidence of the fact (which means the dangerous and expensive world of discovery, forensics, and depositions), they then need to understand and either stop or mitigate any and all defences that might arise. And there are a fair few defences on all this.
Then after all that they need to prove damages. And convince a court (or jury) that those damages are fully due to the jailbreak. In Australia (where I am) there are no statutory or punitive damages so that's even worse for them since they get even less money.
Basically for Sony to prosecute one individual, or even a heap they need to look at all aspects of what that would entail, both financially, timewise, and more importantly if it will affect their shareholders (negative publicity is a big thing nowadays)
I haven't even mentioned the appeal process, and the fact that you cannot get money out of a stone.
The best course for Sony in this situation, and it is still not really in their corporate best interests, is to stop the commercial jailbreaking (like Apple did). Oh and the rest of the world other than the USA does not have the problem with your DRM legislation either. 380mill in USA versus 2bill (in developed world) means there future and current market is not beholden to US weird statutes. Why else do you think the US Government is trying to change the world in their legal image ;)
[I hope this makes sense.. Its 5:08am on Saturday morning here and I've been up all night, and Fri was a public holiday too. Blah I need a new life]
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Re: Overreach fail
What a bunch of morons.
Ron was right "You can't fix stupid."
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Re: Overreach fail
Companies like Microsoft, Adobe, and Autodesk found that out the hard way when they try to enforce US EULAs under Australian (or any countries) Consumer laws.
Though Interestingly if I am not mistaken, even in the USA, stating that as the first line and then saying that you cannot do all those things means you have no chance of NOT accepting the contract as written meaning in a dispute over copyright because you allegedly have breached the EULA you would be able to have the defence that the contract itself was not binding since you did not agree to it and could not get back your side of the consideration thereby nullifying all terms and conditions that are part of that contract.
EULA's Only work because you use the software, if you open the shrink wrap, read the EULA and then give the software back and receive your money (otherwise they could face other civil actions) without using it. Everything is sweet. This way there is no ability to say NO to the offer and consideration (contracts are two sided, NEVER one sided)
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Re: Re: Overreach fail
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Always been this way
But, like software EULAs, because space is not at a premium, publishers and publishers' lawyers can get much more verbose in their license restrictions or copyright statements.
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Re: Always been this way
You mean something like - All rights reserved?
How is this anywhere near similar to the multiple paragraph threats being discussed in this post?
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Re: Re: Always been this way
I'm writing words right now. I must be in violation. :-P
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Re: Re: Re: Always been this way
That's a tazing
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then they should not publish it to the public.
The fine? It's too much for a average person to have in a year. Only a freaking high-class can pay for that fine without any impact on their livelihood.
The imprisonment? almost or in the same level of rape, homicide and other grave offenses to human lives.
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Reminded me of the piece by Richard Stallman entitled "The Right To Read".
http://www.gnu.org/philosophy/right-to-read.html
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Maybe because they forget to take their meds and are now completely out of their minds.
Seriously, threating your best customers like trash is not going to win anone's hearts and minds.
Thankfully there are alternatives like:
http://www.archive.org/
http://www.gutenberg.org/wiki/Main_Page
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Maybe THAT'S the answer...
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Re: Maybe THAT'S the answer...
No thank you. especially if that commission if alot more than the actual price tag of the item...
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Re: Re: Maybe THAT'S the answer...
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Re: Maybe THAT'S the answer...
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Hmmm
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Re: Hmmm
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Re: Re: Hmmm
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Re: Re: Re: Hmmm
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Numbing
Laws tend to be complied with to the extent that they reflect societal norms. Admonitions, such as compliance with industry defined copyright, will be increasingly ignored by the "customer crooks". In the extreme - respect for the law (as a concept) will be treated as a joke. If the content industry wishes to have real compliance with the law by the "customer crooks" they need to stop their massive land-grab and acknowledge the rights of the "customer crooks" to the use of their ("customer crooks") content.
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Is they don't like they can take a piece of paper write their objections then crumble it up and shove it up their ass.
If I actually used E-Books I would be one mad mother fucker!
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Unfair Contract Terms
Since you cannot agree to the terms before you purchase - the contract should be unenforceable.
This also applies in many other legal areas that people wouldn't expect - such as private parking tickets.
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Re: Unfair Contract Terms
If the seller insists that the buyer is entering into a contract, then they should have an authorized representative present at the point-of-sale so that the buyer can truly negotiate. Of course, they won't - too expensive - they would say. If that is the case, then all EULA/TOS should be voided.
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Re:
I've made endless mix tapes, copied VHS tapes, ripped DVDs, and something also happens every time: nothing.
Conflating an immutable law of nature with a man-made restriction on human behavior is ridiculous. Copyright warnings carry the same weight as old men yelling "Get off my lawn!".
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Re: Re:
Copyright warnings carry less weight, because the most they can do is sue you for damages, which they then have to prove, and then they get some money, assuming you have any, which I'd bet most people don't, considering the outrageous fines they impose. So basically, they drag you through civil court, pay legal fees, and all they get is a piece of paper with some words on it saying they are trolls, and you get to go on doing exactly what you were doing before.
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LMAO
THANK YOU
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The Copyright Cartels are Dying and ...
Those are unambiguous signs of their forthcoming extinction.
The general population is uniting in its contempt for these leeching low-life throwbacks to the dark ages and cannot wait to see them vanish from existence. The future promises to be much brighter without them.
In a final frantic charge by the losers, expect future devices to include nuclear devices designed to detonate and annihilate the reader and everything for 200 miles around, should the reader repeat a 2-word phrase from it mentally or aloud.
Or, just don't buy anything (audio/video/print) from any member of the Copyright Cartel and starve the sleazy fuckers to death (revel in the screams of "I'm, Dying!" as they dissolve like the Wicked Witch of the West and fade from existence).
Copyright Cartel members are blood-sucking leeches that exist only to feast on your money.
The Copyright Cartel members produce nothing and add zero value to human life. In fact, they lower the quality of life for mankind. And they will therefore, be eliminated.
No-one said evolution was pretty,
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Re: The Copyright Cartels are Dying and ...
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Re: The Copyright Cartels are Dying and ...
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Federal prosecution
The Feds love to convict people, and they love to go after easy cases, especially those folks who can't afford the expense of a federal trial. Real criminals are too difficult to catch.
So if you're caught copying a book, you might very well be facing 5 years in jail and a $250,000 fine!
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Ironic
Those who actually download "pirated" ebooks will not get any such a message.
Now exactly who do the publishers think they are talking to?
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Re: Ironic
I think everyone is blowing this out of proportion. If it doesn't apply to you, ignore it. It's ridiculous to get so upset about this yet when it comes to something that actually MATTERS everyone becomes a sheep and shuts up to meekly go along with it.
Personally if someone becomes so offended, upset or heated about something that supposedly doesn't apply to them, I think it indicates that you are an actual offender of it. "I think he doth protest too much" anyone?
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The major purpose of warnings at the beginning of movies
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Re: The major purpose of warnings at the beginning of movies
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NO NO NO
Oh, wait, you don't actually need their permission to use any little snippet of the text, there is fair use after all (at least for the time being in the US - against their wishes of course).
Well, they are mostly teaching you the correct rules. At least the correct rules as they see it. Now just stop whining and pay them two or three more times for that same book and shut up, they are trying to enjoy their caviar.
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Good Grief...
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Re: Good Grief...
As listed on my second blog post, there were quite a few ebooks that had no copyright notices included in them at all. (And all of them were acquired through Amazon or were available for purchase on amazon.)
But, yes, they can take books away that were loaded in through their system. If they do take the book, they have to refund you the full price of the book, regardless of whether or not you've read it. They usually recall books due to copyright infringement of some sort or another, from what I understand.
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Re: Good Grief...
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DRM on ebooks Is Stupid
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when did the fbi get the power to be police in south africa, or why is south african law being applied in the usa?
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We are all crooks. Each and every single one of us freetarding idiots.
Therefore we must pirate. For the alternative is too horrific to behold - the possibility that the industry shills might be wrong.
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Re:
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Think About It
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Re: Think About It
When did being offended become illegal? I missed that one.
"Why do people always make such a big deal ... "
It is concern about where this will lead. These concerns are valid. Possibly you overlooked them.
"So if you purchase the book, with the intention of reading it and NOT re-posting, sharing or re-selling .."
Good example. In the past, copyright addressed the issue of copying. Now it attempts to cover much more ground, including but not limited to things like the secondary market. You want to arrest little old ladies at their garage sales? What's even worse is the attempt to stop someone from allowing others to read their ereader.
I could see justification for additional limitations upon en ebook vs real book if the price were significantly lower, but that is not happening. Possibly the customers will decide the convenience is not worth the limitations or they will simply ignore them.
The customer is always right - unless you can get the cops to taze their ass whilst your lawyer steals their money.
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THE ILLUSION of it all.
here's what i am going to do:
the MISTAKE writers and publishers are making in these threatening notices (that truly don't threaten or scare anyone) is that when you TELL SOMEONE NOT TO DO SOMETHING -- like right now DO NOT THINK OF A FLAT TIRE ON A CAR!! --- NO DO NOT THINK OF IT. (yeah, that worked didn't it?)
you MAKE people think of doing it... PERIOD.
and no one likes to be threatened...PERIOD.
and no one likes to be talked down to....PERIOD.
and it's human nature to rebel...PERIOD.
So with that said... when i publish my first eBook here shortly i am going to do something no one else is doing.... I am going to encourage people to COPY IT AND GIVE IT AWAY... and you know what will happen? That PERMISSION i give them will make them WANT to buy it and honor the work i have done. And yes there will be some that will take it and give it out but hey, they were going to do it anyway. So i made it possible for them not to be a thief and have guilt.
that's my 3 cents
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