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Well, how about this? Let's say I am visiting my sister, who also has a Fictionwise account. And one day, I am sitting at her physical computer, and it's logged in, and I see her bookshelf and go 'oooh, look.'
Fair so far, right?
Now, let's say she says 'go ahead and download something if you want to.' Still fair, right? It's on her account, on her computer, at her house. Now, let's say we decide to go out into the backyard.
'Why don't I put that on your ipod for you,' she says. 'Then you can bring it out with you.'
Still fair? I'm on my device now, but I'm still in her house, and we know that only one 'copy' of the book is being used at a time...
Now, if this were a p-book and I didn't finish it before I left, I could just take it home with me, couldn't I?
My understanding of 'fair use' is that it applies to what an average person would consider reasonable in a given situation. If I forget to delete the book off my ipod before I leave my sister's house, would a reasonable person assume I am a criminal? Am I what's responsible for the downfall of civilization? I don't think so. In fact, most people would borrow the p-book, and most of us have discovered favourite authors in this way.
Another scenario: my sister decides she is not using her Fictionwise account anymore and tells me I am welcome to help myself to anything that interests me. The last date of download is clearly visible beside each record, so I know when I am logging in that it isn't stuff she is downloading right now. Is it fair for me to take her up on her offer so long as I have reasonable belief that she is really not using it and mine is the only copy in circulation?
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