Quote:
Originally Posted by murg
I can make an argument that if you use a scanning service (like 1dollarscan) to convert a physical book to an ebook, that you would have to retain the physical copy to make the electronic copy legal.
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That would be a safe assumption.
In the case of a commercial scanning service that destroys the original, keeping a record of the transaction would have to suffice. Some evidence of a unique "license to read" should be retained to be able to claim fair use as a defense. Rather like a key-disk DRM scheme that lets you install and run from a hard disk but every once in a while asks for the original disk to verify licensing.
The first amendment as a source of a right to transcode?
It is an interesting argument.
Not unreasonable:
http://www.ftrf.org/?page=First_Amendment
Quote:
The First Amendment guarantees all individuals the right to express their ideas without governmental interference, and to read and listen to the ideas of others.
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Fair use comes from property rights (fifth and fourteenth amendments), but a First amendment reinforcement can't hurt.
One example of Fifth Amendment support:
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The Supreme Court has held that, in certain circumstances, government regulation that deprives a property owner of all economic benefit of his or her property can count as a “taking.” For example, in 1992, the Court held that a state had effectively “taken” certain oceanfront property by prohibiting all development on the property. - See more at: http://www.quickanddirtytips.com/bus....xHpwzqPt.dpuf
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