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Old 11-24-2009, 08:38 PM   #6
calvin-c
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AFAIK it's not a violation of copyright law to scan your own pbook. Downloading a digital copy created by someone else *is* a violation because it's not your copy. A problem here is that the argument would probably be heard by a jury (in the US). So a defense based on something that doesn't make sense to the jury probably wouldn't work.

For example, if whoever was prosecuting this could prove that you had downloaded a version, you might argue that you had, but had also scanned your own & that the scanned version was the one you kept. Technically, this defense should work-but what jury would believe it?

OTOH I think it's doubtful that they'd prosecute for copyright violation in these circumstances. Too iffy to spend the time on, but it really depends on the prosecutor. If all they really want is the publicity, they might try just about anything.
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