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Originally Posted by Freeshadow
Ok, but this is stupidity from the publishers side IMHO if they don't keep backups in multiple forms (because one never knows) of stuff they (still) have rights to squeeze money from. Thus basically the whining means: "We have more costs 'cause we were dumb." I can hardly feel mercy for that.
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It's not stupidity. Having a few terabytes of storage space lying around on portable drives is a *new* thing. 10 years ago, a 50mb storage drive cost substantial money; 20 years ago, we were storing info on 5" floppies. Publishers aren't "stupid" for not having rearranged their entire archiving systems to keep up with rapidly-changing computer-based options; every year or two, the "best" format changes.
Imagine that a publisher *had* decided to keep digital backups of its entire line. They decide to reprint a 1992 book they've gotten new rights for, go into their storage room, wade through a shelf full of binders, find the 3.5" floppy with BKTITLE.pmd, and hope that today's InDesign will open Pagemaker files almost two decades old...
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The bought good is mine. So it'is no ones but my business if I gift, resale, destroy or keep it. that's the legal concept of a sale. demanding a share for transfer of good and certain (limited) rights connected to it, (remember DVD notices: no public broadcast private usage only etc.) for which you have already fully paid undermines this concept, and would practically prohibit such transactions between consuments (i.e. in opposition to a merchant-consumer-transaction)
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I don't believe it's legal to demand "pay the author 25% of each future sale of this book" as ebooks are currently sold. I think they could be sold/licensed under those conditions.