Quote:
Originally Posted by p3aul
Well this msg is nt directed at any particular individule, but let be make another boring, simile. I go into a store and present them with a check. The say, "We can't accept checks, it's not our policy" I have two choices, I can pay cash or I can leave without my would-be purchases. What they are really saying is this. "It's our way or the highway!" I may be mad, I say " You ought to give it to me, but the bottom line is this. They own the merchandise and they have the right to distribute it as they see fit. Now the way I see it is this. They have a right to do what they want to with what is there own.
This is, I guess the point I was trying to make in another thread, when all I succeeded in doing was alienating everyone.  |
Quote:
Originally Posted by p3aul
Here we go again! Just carry on without me.
|
Let's see here... For the first message from p3aul, I sent some karma his way, because it's absolutely true that the seller has the right to include DRM or not. Or to apply other restrictions up to but not past the limits allowed through legislation and common law (see concepts like "right of first sale" and the like). His statement may not be
popular around here, but it's certainly correct.
For the second quote, however I'm not trying to castigate you for "being wrong" (or whatever "bad" motive one may choose). Rather, I'm hoping to point out some facts, some arguments and some opinions that p3aul may not have considered. I maintain that he's still free to issue content with DRM if he chooses (note: "he" probably really means "p3aul/his wife/her publisher/..."). I'd be disappointed, but it is their choice, not ours.
All that said, first a few facts:
- There are plenty of real and legitimate reasons for people to prefer non-DRMd books. And that preference does not imply that they are pirates. I've given some examples back in the other thread; others have done so both earlier in this thread and also in that one.
- Format shifting of legitimately acquired content appears to be entirely legal, when performed by the end user for personal use only. There hasn't been a court case involving eBooks specifically, but it appears that most legal experts agree that the rulings on digitized music naturally encompass eBooks too (ref: Graduate seminar on Intellectual Property and DRM at CMU, legal experts presenting thereunto.) This is the case whether sellers and publishers like it or not.
- Stripping DRM from legitimately acquired content for personal use only may or may not be legal. Legal experts disagree wildly, and no court has yet ruled. (Ref: same graduate seminar.)
- There are some alternative business models that don't use DRM. Some examples of those business models appear to be showing better results than the "lock it all up" approach. (P3aul: I put some references in a post back in the other thread about this. Did you read any of them?)
P3aul: Are you with me so far? If not, specific disagreements would be welcome.
The folks at Baen have been publishing paper books for 20+ years. They're distributed in paper by Simon&Schuster, and can be found in most bookstores in the US and Canada (and many other countries). They've been selling eBooks for over a decade, with
no DRM... and no piracy problem. Meanwhile, they've grown steadily by all relevant measures ($ gross, copies sold, $ profit, etc.) even as the publishing industry as a whole has shrunk. All with a typical sell-through of around 80%. Their authors include the gamut from front-listers who routinely hit the NYT best-sellers list with each new book, through strong mid-list authors, to complete newbies whose books may or may not move well.
The combination of low prices and DRM-free eBooks has led to a situation where their eSales produce roughly 20% of gross (and a larger percentage of profit) -- even as their paper sales have continued to climb, and their authors get better royalties for eSales than for paper sales.
So p3aul: We have here a real-world case where a real publisher has had real success with ebooks, while providing a win-win-win situation for publisher, authors, and customers! With no DRM in sight. Is that, perhaps, worth paying attention to?
If not, why not?
Xenophon