|
One thing that hasn't been mentioned, as I've skimmed through these posts, is Reverse Format Shifting. Using the analogy of MP3's and CD's, ALMOST all Mp3's and I believe even iTunes .acc's (or whatever) that are purchased (w/ or w/o DRM) are able to be format shifted > you can record them back to a CD. And that is considered Fair Use.
Also, many purchased Ebooks allow you to PRINT them (I know, that sounds heretical in this forum). Granted, there are many ebooks where the license granted with the ebook does NOT include a license to print, but in most of the ebooks that are DRM free, this license is included.
In my opinion, if you can format shift from electronic to hard copy, for personal use, it is Fair Use to format shift your own copy from physical to electronic, whether for backup purposes or for personal use.
Whether it is legal, I'm not sure. I really don't think a jury would convict if you scanned your own copy and destroyed your paper copy (except for the front cover perhaps). In my ethical world (and I do try and be honest with my fellow men), I can sleep at night in this scenario.
The additional step of mailing your physical copy to a friend, or shop, who scanned it for you, and then emailed it back to you, after destroying the physical book (except for the front cover), for whatever compensation was agreed upon, is probably ok too. (in a side note, a company in Utah did something similar to this with VHS movies, although they edited the movie for you, and they were sued by Hollywood and shut down BECAUSE they were altering the content).
Now, consider the case of someone who purchases a paperback book, then downloads from an anonymous person a SCANNED paperback book that some individual did themselves. Legally, I believe this is crossing the line. Ethically, I don't believe so.
The case where someone purchases a paperback book and downloads a COMMERCIALLY produced ebook, I believe that is crossing the legal and ethical line. A commercial entity (presumably with authority) has spent their time and capital to produce the ebook with the intent to recapture that capital by selling the ebook, and in this case, I believe it is committing a theft.
I do believe that what is legal is not necessarily ethical, and what is ethical is not alway legal. (consider the commercial website selling The Lord of Rings as ebooks, which the consensus on this forum, is that it is without permission. It is legal to purchase and download, but probably not ethical if you are aware that there is likely no permission from the copyright holder).
|