08-17-2009, 07:41 PM | #46 |
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08-17-2009, 11:14 PM | #47 |
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A prankster? Since when are pirates people who will only put things up for free? Strange distinction here...
One thing that might become funny in the short future is how Amazon might find itself in even worst a situation than that of some torrent sites. Torrent sites have always argued that they cannot be deemed guilty of pirating because they do not host the files and have no responsability over the content of the files shared. Well, Amazon hosts the files and should supervise content! I say they should go on trial in Sweden! |
08-18-2009, 01:53 AM | #48 |
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not available
I think that it does not help when books are not made available in ebook format and then are pirated. In Rawlings case wouldn't it just be easier to set up a legitmate copy of ebooks for sale through regular sources? Would that not help stem the tide of pirating of her ebooks?
Amy |
08-18-2009, 04:38 AM | #49 | |
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While I already own more copies of the Harry Potter book than need be, i would gladly pay for a proper e-book. |
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08-18-2009, 07:07 AM | #50 |
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The 150 or so pirated titles this guy uploaded have all been removed. And either the guy left a trace of himself and maybe they'll go after him or he didn't and they won't. That was easy enough.
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08-18-2009, 08:32 AM | #51 | |
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So griffonwing, while you say "The technology is available, it just has yet to be implemented", guess what the most complex part of the problem is. If you can't actually offer any insight into how the implementation would take place, you're words are as valuable as someone saying "Fixing health care is simple. All they need to do is find the cure to all the diseases." (And I'm not intending to pick on you personally, it's just that your phrase was sitting up there in the quoted text, and it worked quite well for the example.) |
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08-18-2009, 09:01 AM | #52 | |
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What is required is to revert the Copyright laws back to 14 years from the publish date and keep a central database. Companies like Amazon should be lobbying the governments for this. |
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08-18-2009, 09:12 AM | #53 |
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copyright that is only valid for 14 years after publishing? Eh, while I am no fan of how things are now. I'd be more inclined to go 14 years after the author's death, so that they can defend their creation, and then their want and will doesn't immediately get forgotten immediately after death.
I really don't see why a change in copyright law is required for Amazon to check every upload. Other companies do it just fine. It isn't instant approval for apps in the iphone app store. All the online stores that sold the works of people I've worked for had a testing process. Yes, it would take a while to approve things, and can get busy for people in charge of approvals, but think of the legal headaches they already could have avoided. The self publishing without any sort of check, is prone to being abused. They should have known this from the get go. |
08-18-2009, 09:14 AM | #54 | |
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08-18-2009, 09:23 AM | #55 |
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I may be mistaken, but I believe that checking or verifying the validity of the works beforehand opens them up to considerably larger damages in the event that something ever does slip through. Also, as it is, they are working within the current legal framework (i.e., removal of infringing material after receiving a takedown notice). It makes perfect business sense to operate as they are now until such time as they're forced to add a verification department. Note also that this is exactly how YouTube and Scribd operate (or just about any site/company that allows mass uploading of user-created [or potentially infringing] content).
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08-18-2009, 10:06 AM | #56 |
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She has chosen not to permit eBooks. We may not agree with her decision (in fact I'm sure that the vast majority of it don't!), but it is hers and hers alone to make, and we should respect that fact.
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08-18-2009, 10:30 AM | #57 |
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I suspect it has less to do with her not wanting ebook versions of her works as it does with her (and her publisher) waiting for the ebook market to really hit the mainstream (it's almost there). Once it does, you can be assured that legitimate versions of all the Harry Potter books will be available as ebooks--at a price of $14.99 each. By releasing them too early, they'll be in a position where the price will be expected to come down after a while, at which point they could make less money by selling the same number of copies. But if they hold out just a bit longer, they can really rake it in. Remember folks, business is all about maximizing profit.
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08-18-2009, 10:52 AM | #58 | |
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Section 512(a) of the DMCA indicates that there's no liability to the service provider, as long as (1) the service provider didn't initiate the transaction, (2) the submit/retrieve process is automated (at least from the SP's perspective), (3) the SP doesn't individually select recipients, (4) storage is transitory (this refers to things like email communications), and (5) the content isn't modified. So far, that looks like they might qualify, except that point 4 is a bit tricky. However, farther down in the rules, at 512 (c)(1)(B), it mentions that liability is only avoided if the service provider "does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity." YouTube and Scribd aren't selling you access to vids & ebooks; they receive no direct financial benefit from providing you with infringing copyrighted material. In any case... since I doubt they received DMCA takedown notices from the Heinlein estate, Harlan Ellison, Rowling's lawyers, Stephen King, and Robert Jordan's family all in the last 24 hours, they very likelyare doing some management of content, not just waiting for DMCA notices to come through. This would exempt them from the whole Safe Harbor concept. |
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08-18-2009, 11:00 AM | #59 |
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Thanks for clarifying that, Elfwreck. IANAL, but from how I see it Amazon aren't the direct beneficiary of any sale—rather, the uploader/publisher is and Amazon is secondary (or possibly tertiary). Would this be somewhat similar to how Google doesn't directly make profit from the viewing of YouTube videos, but does make a profit from the selling of ads that accompany those videos?
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08-18-2009, 11:18 AM | #60 | |
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