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Freeshadow · 06-19-2010, 11:18 PM

the "MUCH cheaper" option mentioned isn't blocked by ebooksellers but big pbook sellers. they can put pressure on producers making both versions (e and p) just by whispering:

"if you sell the files cheaper than n% (usually max. 15) of the HC price as long as only HC is out OR the Softcover price (if soft is already on sale) just be prepared to have enough storage because we' ll send you the whole load (of all stuff) we currently ordered back." (and wait for re-fund)
with SC they just rip off the front cover and send it back as unsold-evidence.

Now make a guess what a publisher does, knowing, said big reseller has 7.000 of copies each of his last 3-5 recent softcover print-runs...

DRM is too much of the (wrong) medicine.
The problem with so-called DRM is its brokenness-by-design:

It makes certain actions more difficult to accomplish. The problem within this approach is that the same actions may be needed to fair use as well as misuse of the rights by their reciever. The difference lies in the motivation not the actions.
Since application of DRM won't physically stop the abusers from their doings, it is useless.

Keeping in mind that it will, at the same time make it more complicated and/or illegal (depending of the laws they are subjects to) for rightful and non-abusive owners to fully make use of their fair-use rights DRM is not only useless but simply backfiring by "punishing" the honest buyers i.e. those people actually being supportive as well to the publisher as to the author.

In contrary to that using personalisation/media uniquement, e.g.

watermarking a PDF
adding checksums to the metadata, of the particular media
etc.

The argument that doing so, is pointless since this marks can be removed is pointless, because that applies to DRM equally.

The key is the addition of such marks together with the obligation of the legal reciever to keep and overtake them during transformation or excerption-making processes as allowed by fair use wouldn't hinder fair use itself. A legit owner would have no need then to remove the marking and break the said agreement/license.

in contrary to a fair and honest user, an abuser would have broken these agreement since personification means traceability.
but by doing so he would give evidence of his illegal motivation and as such leaving the protective faire use zone of acting
R
emember: it is the motive of the actions that matters.

Said evidence is a sufficient entitlement to undertake of legal prosecutive countermeasures.

06-19-2010, 11:18 PM	#32
Freeshadow temp. out of service Posts: 2,815 Karma: 24285242 Join Date: May 2010 Location: Duisburg (DE) Device: PB 623	the "MUCH cheaper" option mentioned isn't blocked by ebooksellers but big pbook sellers. they can put pressure on producers making both versions (e and p) just by whispering: "if you sell the files cheaper than n% (usually max. 15) of the HC price as long as only HC is out OR the Softcover price (if soft is already on sale) just be prepared to have enough storage because we' ll send you the whole load (of all stuff) we currently ordered back." (and wait for re-fund) with SC they just rip off the front cover and send it back as unsold-evidence. Now make a guess what a publisher does, knowing, said big reseller has 7.000 of copies each of his last 3-5 recent softcover print-runs... DRM is too much of the (wrong) medicine. The problem with so-called DRM is its brokenness-by-design: It makes certain actions more difficult to accomplish. The problem within this approach is that the same actions may be needed to fair use as well as misuse of the rights by their reciever. The difference lies in the motivation not the actions. Since application of DRM won't physically stop the abusers from their doings, it is useless. Keeping in mind that it will, at the same time make it more complicated and/or illegal (depending of the laws they are subjects to) for rightful and non-abusive owners to fully make use of their fair-use rights DRM is not only useless but simply backfiring by "punishing" the honest buyers i.e. those people actually being supportive as well to the publisher as to the author. In contrary to that using personalisation/media uniquement, e.g. watermarking a PDF adding checksums to the metadata, of the particular media etc. The argument that doing so, is pointless since this marks can be removed is pointless, because that applies to DRM equally. The key is the addition of such marks together with the obligation of the legal reciever to keep and overtake them during transformation or excerption-making processes as allowed by fair use wouldn't hinder fair use itself. A legit owner would have no need then to remove the marking and break the said agreement/license. in contrary to a fair and honest user, an abuser would have broken these agreement since personification means traceability. but by doing so he would give evidence of his illegal motivation and as such leaving the protective faire use zone of acting R emember: it is the motive of the actions that matters. Said evidence is a sufficient entitlement to undertake of legal prosecutive countermeasures.