Quote:
Originally Posted by JSWolf
@ottischwenk, let's say I have a spare iPad and I've installed the Kobo app. I download some eBooks on it that I've already read and I loan this iPad to a friend. The eBooks on the iPad are licensed to the Kobo app on the iPad. Is it illegal for my friend to read these eBooks? If it is, can you show me where the law says it's illegal? I'd like to know for the US, UK, and EU.
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Quote:
Originally Posted by ottischwenk
No, this procedure complies with the law.
It is also equivalent to passing on several purchased paper books.
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You are both wrong. Doing so is illegal.
When you sign up with Kobo, you agree to their terms and conditions. Break those conditions and your license to read the book is no longer valid.
One of their terms and conditions is that the licence is valid only for the person buying the licence. No-one else, not friend, not child, not spouse, is allowed to read the copy, even on a device authorised to the original purchaser's account.
I asked Kobo about this back in 2012. The full email chain (most recent first) is in the block at the end of this post.
So I very much hope, given their high moral tone, that ottischwenk has never allowed anyone to read one of ottischwenk's books on one of ottischwenk's devices. For if they have, then they are a thief, by their own definition.
Code:
Recently you requested personal assistance from our on-line support=20
center. Below is a summary of your request and our response.
If this issue is not resolved to your satisfaction, you may reopen it=20
within the next 10 days.
Thank you for allowing us to be of service to you.
Subject
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Terms of Use
Discussion Thread
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Response Via Email(Ofelia C) - 10/23/2012 09:23 AM
Hi Paul,
Thank you for contacting Kobo Customer Care. We are happy to hear that yo=
u are are content with our terms of use.
Enjoy!
Sincerely,
The Kobo Team
Customer By Email (Paul Durrant) - 10/22/2012 05:40 PM
Dear Kobo,
Many thanks for the reply. I am rather surprised by it, given the relativ=
e costs of paperbacks and ebooks. But cost is certainly another issue ent=
irely. I am happy for this incident to be marked closed.
regards,
Paul
On 22 Oct 2012, at 22:01, Kobo Customer Care wrote:
>=20
>
Response Via Email(Ofelia C) - 10/22/2012 05:01 PM
Hi Paul,
Thank you for contacting Kobo Customer Care.=20
Legally, only the account holder has license to use the material.=20
Hope this clarifies.
Sincerely,
The Kobo Team
Customer By Email (Paul Durrant) - 10/18/2012 05:55 PM
Dear Kobo Customer Care,
Thank you for your response to my question, but it seems to be a technica=
l rather than legal answer to my question. Obviously no-one is able read =
my books (the DRMed ones, anyway) unless they have access to my account, =
i.e. have a device authorised to my Adobe ID.
But I am asking about the licence terms.
May I let my spouse read ebooks that I have bought (on a device authorise=
d to my Adobe ID)?
May I let my children read ebooks that I have bought (on a device authori=
sed to my Adobe ID)?
May I let a close friend read ebooks that I have bought (on a device auth=
orised to my Adobe ID)?
I'm sorry to go on about this, but I do want to understand how many copie=
s of an ebook you expect a household to buy if everyone in the household =
wants to read it. Your licence terms seem to imply that a copy needs to b=
e bought for everyone who wants to read the ebook.
Yours,
Paul Durrant.
On 18 Oct 2012, at 19:22, Kobo Customer Care wrote:
>=20
>
Response Via Email(Ofelia C) - 10/18/2012 02:22 PM
Hi Paul,
Thank you for contacting Kobo Customer Care. We are happy to offer clarif=
ication regarding "9. Literary Works. (Terms of Use)
In answer to your question, nobody - the only way you can share is by giv=
ing someone access to your account.=20
Hope this helps.
Sincerely,
The Kobo Team
Response Via Email(Dan A) - 10/18/2012 11:52 AM
Hi Paul,
Thank you for contacting Kobo Customer Care. We=E2=80=99ve escalated your=
issue to our Tier 2 support team.=20
The Tier 2 team will try to provide a resolution as soon as possible and =
will contact you if they require additional information in order to resol=
ve your issue.
Please let us know if you have any questions or concerns.
Sincerely,
The Kobo Team
Auto-Response - 10/18/2012 06:25 AM
Thank you for contacting Kobo Customer Care. Your question has been rece=
ived and you can anticipate a response within 24-48 hours.
Customer By Email (Paul Durrant) - 10/18/2012 06:25 AM
Dear Kobo,
A question about terms of use, specifically item 9:
"9. Literary Works.
All literary works at kobobooks.com are the exclusive property of the pub=
lisher or its licensors and is protected by copyright and other intellect=
ual property laws. The download of these literary works is intended for K=
obo's Registered Users' personal and non-commercial use. Any other use of=
literary works downloaded from kobobooks.com is strictly prohibited. Reg=
istered Users may not modify, transmit, publish, participate in the trans=
fer or sale of, reproduce, create derivative works from, distribute, perf=
orm, display, or in any way exploit, any of the content of these literary=
works, in whole or in part. By downloading literary works from kobobooks=
=2Ecom, the Registered User hereby acknowledges and agrees to these terms=
=2E"
When I buy a Kobo book, who else am I authorised to allow to read it?
e.g.
Spouse?
Child?
Child at University?
Parent?
Sister-in-law?
Nephew?
Close friend?
Or no-one at all?
regards,
Paul Durrant
Question Reference #121018-000212
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Product Level 1: Kobo eReader
Product Level 2: Touch
Category Level 1: Accounts
Category Level 2: Setup Inquiries
Date Created: 10/18/2012 06:25 AM
Last Updated: 10/23/2012 09:23 AM
Geo Interaction:=20