Quote:
Originally Posted by haertig
Gutenberg is making books available on its servers. What they are making available is legal where they are making it available.
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Perhaps, but it's not legal everywhere they're making it available
to. As we just saw.
Jurisprudence around Internet downloads doesn't work based on where it's being made available
from. If it did, then eReader and Fictionwise wouldn't have had to stop selling ebooks outside the US back in 2009, because their servers were in the US where it was legal for them to sell those ebooks.
But they did. For purchased products,
the point of sale is considered to be the computer on which the purchase is made. By the same token, if a product is downloaded for free, the location where the download is considered to have happened is the location of the computer that made the download, not the server where it was downloaded from.
That's the way the Internet has worked for at least 9 years now. That's the way the courts are going to see it. You can say it
shouldn't work that way until you're blue in the face, but good luck making that stick in the real world.