Quote:
Originally Posted by scveteran
You also have come up with the idea that that these items have no retail value at all. That is simply wrong. I challenge you to show any law that says these items have no retail value.
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Not available for sale = no retail value. Harry Potter ebooks have no retail price on which to base prosecution. There is no such thing as "$2500 worth of Harry Potter ebooks."
It could be argued that each ebook is worth the price of a pbook--but would that be hardcover retail, paperback retail, or the price of a used paperback? If it could be proved that Pirate X uploaded "Harry Potter and the Sorcerer's Stone" to 10 other computers, there's still no standard for how much financial gain those people have gotten.
(I'm aware that there are some systems to get around this. However, as the law is written, it can be argued that if there's no legit digital version, and no plans for one, there's no financial harm to the publisher in releasing digital copies.)