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Originally Posted by Sil_liS
Doesn't this make it a bad example? When you have illegal sources as the only sources for ebooks by this author for years, why would you expect the legal sources to jump at the top of the search when they finally come on the market?
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It's not even clear those were "illegal" sources, as opposed to "unauthorized." Sony v Tenenbaum included the judge's statement that
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file sharing for the purposes of sampling music prior to purchase or space-shifting to store purchased music more efficiently might offer a compelling case for fair use. Likewise, a defendant who used the new file-sharing networks in the technological interregnum before digital media could be purchased legally, but who later shifted to paid outlets, might also be able to rely on the defense.
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(emphasis added.) Free ebooks when there are no authorized sources for sale might be fair use... after all, they're not cutting into the rights holders' ebook income.