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Originally Posted by ZacWolf
Howdy, I'm new to mobileread!
I have a question, that may be a touchy subject. I did a couple of searches but didn't get any hits...
What are the legal/copyright implications of replicating a physical book library, into eBook format.
I understand that doing a pure scan of your own books should be covered under fair use just like ripping copies of your own tapes/disks of music/video.
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IANAL (though even if I were a lawyer, how could I pass up the chance to write "ANAL" in all caps like that?) but I believe this to be correct.
RIAA vs. Diamond Multimedia said that "space-shifting" between formats is fair use. Which means it's all right to rip CDs, and DVDs that do
not have any encryption on them, and to scan your own books into e-books too.
But when someone else facilitates the copy for you, things get a little messier.
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But what about using other, non-DRM, electronic sources for eBooks? If you have already bought the paper copy, and just want an electronic copy for your OWN use, does the source of that copy make a distinction?
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From what I have heard, legally it
does make a distinction. Though a lot of people feel that it's still
morally right, and will happily use peer-to-peer sources to download an "illicit" e-copy of the p-book they bought and paid for.
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This all sounds like the original mp3.com, which allowed you to place a CD into a local cd-rom drive, where it would scan the CD ID, and then grant you access to an electronic version that they had ripped. The courts rules that this was a violation of copyright, and shut down mp3.com
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Yep. Basically, MP3.com was co-opting the rights that the commercial companies should have had, and making money off of it (through ads). It's a bit of a fine distinction for a lot of people to be able to make; here's
an article that explains the merits so you don't have to wade through
the whole legal opinion.
Interestingly,
mp3tunes.com, the site started by the guy who originally founded mp3.com, offers an mp3 locker service where people can upload their own mp3s and access them remotely (rather than the site ripping the mp3s itself). That seems to have existed unchallenged for a couple of years now.
So, allowing people to do their own fair use = good; doing it for them = bad. When it comes to ripping mp3s, this is not so much a problem. Unfortunately, paper books are very not-digital, and "ripping" them usually ends up being more trouble than the average consumer is willing to go to for himself.
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I guess it all boils down to what the consumer feels they are buying [content], vs. what the distributor feels they are selling [media].
Have there been any recent news or lawsuits specific to ebooks?
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Over on the Baen Bar right now, in the "Toni's Table" newsgroup/forum, there is a discussion going on about the possibility of Baen allowing a free e-book download with purchase of the paper book (or vice versa). It's largely theoretical at the moment, as any method that would allow Baen to do it would probably add enough expense to keep it from being worthwhile.