07-21-2009, 12:52 PM | #271 | |
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Is verifying every user's uploaded content going to be really difficult... absolutely. IMO, it's a bad idea to begin with. However, that doesn't mean they can just ignore the copyright issue. |
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07-21-2009, 12:53 PM | #272 |
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If they've bought the book from the wholesaler in good faith, then yes, I would expect any reasonable legal system to say that they cannot be held responsible. Of course, I know that courts don't always do what a typical person might consider to be "reasonable".
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07-21-2009, 12:54 PM | #273 | |
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07-21-2009, 12:55 PM | #274 | |
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07-21-2009, 12:56 PM | #275 |
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07-21-2009, 12:57 PM | #276 | |
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The Rand case appears to have been a clear case of someone trying to deliberately "make a fast buck", from what I've read about it. |
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07-21-2009, 12:58 PM | #277 | |
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I don't think Amazon allowing Publishers to upload content is really the problem. Amazon allowing anybody to upload content and then automatically adding it to their store without checking it, is the problem. |
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07-21-2009, 01:00 PM | #278 |
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Amazon didn't break the law any more than any other bookstore breaks the law when that happens. The books are recalled, pulled from shelves and so on.
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07-21-2009, 01:02 PM | #279 |
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Yes, I agree with you that the uploader registration process should be tightened up, and that the person should be made to prove their identity in some way. Of course, they already do have to if they want to actually get paid, but there's really nothing to stop someone making a malicious and false registration just to "cause trouble" by uploading books that they don't have any right to.
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07-21-2009, 01:02 PM | #280 | |
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That's the real problem here. If Amazon wants to get into the business of letting anybody upload products to them that they'll put up for sale, then they need to verify that they can legally sell each one. Yes, that's going to be a huge amount of work. That's why other retailers don't allow it. It's Amazon's choice to get into that business, but there are going to be some huge costs involved with verifying all of the content. |
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07-21-2009, 01:04 PM | #281 | |
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Make that declaration that they have the right to publish something that will hold up in court if Amazon is questioned for accepting it. Right now, their defense looks a lot like thepiratebay or grokster... "We told them they had to stay legal! We're not responsible if people lie to us!" They're not... but they are responsible for taking reasonable measures to verify that people aren't lying. "Click here to agree" is not enough. Add some research from Amazon--they should maintain a list of popular works not in the public domain (for their own marketing purposes, if nothing else; they should be seeking access to books not available as ebooks elsewhere). Amazon is not a small company; it should not be a great hardship to establish & maintain a list of 3-10 thousand books that, if attempted to upload, trigger a "verify more details" procedure. Potentially the list could include a few dozen currently popular authors, and a huge set of deceased authors whose rights are owned by heirs or publishing companies. Requiring verification of those rights, something beyond "yes I say I have this legal right," would prevent future problems like this. Oh, and shut off the auto-feed from Mobi books that are published in different parts of the world, where the copyright laws are different. |
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07-21-2009, 01:05 PM | #282 |
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07-21-2009, 01:06 PM | #283 | |
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07-21-2009, 01:06 PM | #284 |
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07-21-2009, 01:08 PM | #285 |
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That's an excellent point. Right now, what Amazon is allowing is no different than what TPB did. It's interesting that some of the people who were attacking TPB the most are now defending Amazon.
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