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It seems like fair use boils down to the source of the copy. I have absolutely no qualms about ripping a CD I own to put a copy on my iPod. But I won't go find the same CD on some internet site to get it that way. On the other hand, I probably can't give you a very convincing argument for why these two things are different, other than that using the illegal route helps sustain that channel in some sense. Of course, there is the practical distinction between ebooks and CDs that we all have the ability to easily transfer from CDs to digital files while getting from pbooks to ebooks is not so simple. I guess that just muddies the waters further though.
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