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Old 11-27-2010, 12:42 AM   #46
LoganK
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Originally Posted by Doug Pardee View Post
But that doesn't make it legal.
I just went back and re-read it and my memory completely failed me. If Tor publishes an eBook and only wants you to read on their special BookinaTor device while drinking Pepsi, then you, as the customer, have no legal action in the U. S. to ignore their demands.

There is the accessibility exception approved by the Library of Congress, but I don't know enough about reading tools for the blind to know whether or not the exception applies to many titles.

Thanks, Doug.
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Old 11-27-2010, 08:31 AM   #47
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Originally Posted by Doug Pardee View Post
...
Subsection (f) is the only mention of "interoperability", and it's only applicable to computer programs, not to e-books. Subsection (f)(4) notes, "the term “interoperability” means the ability of computer programs to exchange information, and of such programs mutually to use the information which has been exchanged."
...
Yeah, that's the exact section I was referring to. As I see it, you're circumventing the encryption (the end result of a software process) and to do so, you must reverse engineer the decrypting application (the reader software). Differences in interpretation is why the case law is so important!

I think the Library of Congress entry was added specifically for the Sklyarov case, since that the use of his software.
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Old 11-27-2010, 02:09 PM   #48
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Quote:
I just went back and re-read it and my memory completely failed me. If Tor publishes an eBook and only wants you to read on their special BookinaTor device while drinking Pepsi, then you, as the customer, have no legal action in the U. S. to ignore their demands.
That isn't necessarily true. Copyright is governed by copyright law, not contract law, and copyright law specifies specific fair use rights, as well as less well defined fair use that generally falls under a reasonable person interpretation. Court rulings are still mixed, but generally trending towards interpreting electronic sales under the right of first sale doctrine. In California, for instance, Adobe's license that says you can't resell their bundled software was tossed by the court.
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