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Old 07-26-2010, 12:31 PM   #1
jxh11215
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Its now legal to break TTS block?!

Just reported by wrox on Twitter with a link to the actual US Copyright Statement of the Librarian here: http://www.copyright.gov/1201/2010/L...Statement.html

Initial Statement: "This is the fourth time that I have made such a determination. Today I have designated six classes of works. Persons who circumvent access controls in order to engage in noninfringing uses of works in these six classes will not be subject to the statutory prohibition against circumvention."
here is the relevent para
(6) Literary works distributed in ebook format when all existing ebook editions of the work (including digital text editions made available by authorized entities) contain access controls that prevent the enabling either of the book’s read-aloud function or of screen readers that render the text into a specialized format.
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Old 07-26-2010, 01:11 PM   #2
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No, that's not what it means. Note that all existing ebook editions have to have access blocks in order for this to be true. That would mean, for example, that any book that's available from the Apple iBookstore would be excluded, because all such books can be read aloud on the iPad.
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Old 07-26-2010, 02:27 PM   #3
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Quote:
Originally Posted by HarryT View Post
No, that's not what it means. Note that all existing ebook editions have to have access blocks in order for this to be true. That would mean, for example, that any book that's available from the Apple iBookstore would be excluded, because all such books can be read aloud on the iPad.
How would a person who doesn't own an iPad/iPhone know if a book is available at the iBookstore? The selection isn't publicly viewable.

I'm aware the law doesn't say it has to be, but a rational court might well rule that "existing editions" have to be available--or at least the knowledge of their existence has to be available--to the public. Saying "you must pay a $200-500 fee for a device whose features are mostly useless to you, in order to find out if this book is available" is ridiculous. (I know that "ridiculous" doesn't mean "can't be sued for.")

How would a blind person operate an iPhone/iPad? Do they have a "don't click on icons until they're doubletapped" option with a screen reader of some sort?
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Old 07-26-2010, 02:35 PM   #4
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Originally Posted by Elfwreck View Post
How would a person who doesn't own an iPad/iPhone know if a book is available at the iBookstore? The selection isn't publicly viewable.

I'm aware the law doesn't say it has to be, but a rational court might well rule that "existing editions" have to be available--or at least the knowledge of their existence has to be available--to the public. Saying "you must pay a $200-500 fee for a device whose features are mostly useless to you, in order to find out if this book is available" is ridiculous. (I know that "ridiculous" doesn't mean "can't be sued for.")
Good question; I don't know the answer, I'm afraid.

Quote:
How would a blind person operate an iPhone/iPad? Do they have a "don't click on icons until they're doubletapped" option with a screen reader of some sort?
The iPad is fully operable by a blind person. It has a mode of operation called "Voiceover" whereby the options on screen are spoken out loud as you glide your fingers over them, and you tap to activate an option. There's a review of the iPad by a totally blind person here.
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Old 07-26-2010, 02:44 PM   #5
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Pointless, since it's still illegal to distribute the tools to circumvent the protection. Unless the US govt imagines that every blind person is going to write their own tools from scratch to do this.
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Old 07-26-2010, 03:09 PM   #6
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HarryT's interpretation of this ruling is incorrect. By "all editions" it means that all ebook editions have some sort of software protection, that no "copies" are available without the protection. Since this is generally the case for DRM protected works, this ruling pertains.

Also, kovidgoyal is incorrect in his understanding of the ruling: it does indeed mean that the tools to circumvent will also fall under the ruling, since these tools themselves are not illegal because of the exemption.

The key to understanding the ruling is that you are free to circumvent the key only for those books you legally purchased. The new exemption is directed squarely at the ereader platform dilemma: by attempting to lock down a legally purchased book to a single platform, companies like Amazon, Sony, and Barnes & Noble are clearly attempting monopolistic practices and hindering the open marketplace. This is what the exemption is attempting to address.
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Old 07-26-2010, 03:21 PM   #7
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@spinoza2: Really? Where in the ruling do you see the clauses of the DMCA that prevent distribution of DRM circumvention tools being mentioned? Perhaps I missed it.
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Old 07-26-2010, 03:22 PM   #8
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In fact I quote

"Nor is this rulemaking about the ability to make or distribute products or services used for purposes of circumventing access controls, which are governed by a different part of section 1201."
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Old 07-26-2010, 04:27 PM   #9
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kovidgoyal: It appears you're not understanding what the Librarian of Congress rulings mean for the DMCA: every three years he decides on a list of exemptions to the DMCA, in other words his rulings override the specific relevant aspects of the DMCA. Once again here's the exact wording of his exemption:

"Literary works distributed in ebook format when all existing ebook editions of the work (including digital text editions made available by authorized entities) contain access controls that prevent the enabling either of the book’s read-aloud function or of screen readers that render the text into a specialized format."

I am interpreting the phrase "of screen readers that render the text into a specialized format" as pertaining to the Kindle, Sony Reader, iBook reader, etc, which is precisely what these readers do.

This is the same kind of ruling the Librarian of Congress has made with the jailbreaking of phones, and already the media has fully assumed the implications of this as pertaining to the availability of jailbreaking software as well.

Now, Apple and other companies can no longer threaten jailbreaking software providers, since jailbreaking is no longer prohibited by the DMCA.

Ditto for ebook formats. One can now claim that DRM is still legal under the DMCA, but not the software that prohibits interoperability between readers.
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Old 07-26-2010, 04:56 PM   #10
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You are confusing jailbreaking with TTS restrictions. The ruling means that the DMCA does not apply to jailbreaking. The DMCA still very much applies to DRM removal.

If you believe other wise, I encourage you to distribute DRM removal software and see what happens.
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Old 07-26-2010, 07:40 PM   #11
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Well, that's exactly the point. These rulings can only be tested in court, they are civil (tort) trials, and must be interpreted via such court cases. Since such cases cost a copyright holder money (and often a lot), they will only test such cases with obviously flagrant violations when commercial profit is involved or with someone serving out illegal copies of ebooks on a massive scale (a la Napster).

DRM-breaking software for individual use seems to be readily available, so I assume even the larger publishers have been disinclined to test these cases. As another forum discussion is currently debating, this exemption seems to muddy the waters even more, since it's not at all clear that only TTS is meant here. How this is interpreted would need to be tested by publishers in court which, as I said, they seem to be disinclined to do, at least with individuals with their own legally purchased ebooks.

I don't sense there's much in the way of a Napster culture for ebooks, or am I wrong?
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Old 07-26-2010, 07:55 PM   #12
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I don't sense there's much in the way of a Napster culture for ebooks, or am I wrong?
Oh yes there is, not on this forum of course, but...
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Old 07-26-2010, 10:10 PM   #13
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kovidgoyal: It appears you're not understanding what the Librarian of Congress rulings mean for the DMCA.
No, it's you who is not understanding the ruling. I do wish you were right, though.
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Old 07-26-2010, 10:20 PM   #14
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Didn't we have this same discussion a year or two ago? All this LoC info appears to be is a renewal of the language that was already in place about this issue.
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Old 07-26-2010, 11:03 PM   #15
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actually the discussion has been going on in the NEWS section for a while today...dunno which is newest but why not move everyone into one thread?

https://www.mobileread.com/forums/showthread.php?t=46948
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