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#76 | |
Grand Sorcerer
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Device: Nexus 7, Kindle Fire HD
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#77 | |
Tea Enthusiast
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Join Date: Jul 2010
Location: Somewhere in the USA
Device: Kindle1, Kindle DX Graphite, K3 3G, IPad 3, PW2
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#78 | |
Professional Adventuress
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Karma: 50260224
Join Date: Sep 2009
Location: The Olympic Peninsula on the OTHER Washington! (the big green clean one on the west coast!)
Device: Kindle, the original! Times Two! and gifting an International Kindle
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#79 |
Wizard
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Join Date: Oct 2010
Device: WiFi Kindle3
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I agree. I really like my k3 but a number of folks have asked for my recommendation and they are huge consumers of LIBRARY books. I've suggested that other readers may be a better choice in that case and explained that the k3 does not do most library books in their or its native state. I have mentioned that there are techniques for bypassing the limits but warned about its potential issues.
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#80 | |
Groupie
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Join Date: Aug 2009
Device: laptop
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http://eightiesclub.tripod.com/id408.htm This was backed up a couple of years ago in a district court concerning stripping DRM from DVDs. The problem is there are two seemingly contradictory federal laws. One gives the user the right of fair use, the other makes it illegal to remove DRM. The district court ruled that it is legal for people with use rights to strip the DRM but said it was illegal to sell software to do so. Which goes inline with the supreme court ruling that you can't profit from it. That seems to be the key stipulation. http://www.lutzker.com/pdf/321-Studios-Article.pdf The profit factor is the key factor. It's the overriding factor. For example, people make Star Wars movies. Lucasfilm is well aware of this but since they don't show or sell them for profit, it can't do anything. They are called tribute films. http://www.lutzker.com/pdf/321-Studios-Article.pdf |
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#81 | |
Grand Sorcerer
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Device: Nexus 7, Kindle Fire HD
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#82 | |
Wizard
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Join Date: Oct 2010
Device: WiFi Kindle3
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And maybe we need something else clarified - not for you, but in general: somethings are crimes and illegal - punishable by fines or jail time. Other "wrongs" are civil wrongs and one (publisher for instance) may sue for damages but no jail time or criminal fines or penalities attach. |
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#83 |
Award-Winning Participant
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I think most of the conclusions you state are either unsupported or misapplied.
There is no fair use law, there is only ever-evolving fair use doctrine. The profit element is very important to recovering monetary damages, but it's not necessary for copyright protection under the law. Plus, it is arguable at best if being saved the cost of buying a second copy, or the ad revenue generated by posting a tribute film doesn't amount to 'profiting.' The tribute films are generally issues of trademark, not copyright (unless you're talking about using footage from the actual original movies, in which case, those get taken down for reported copyright violation all the time), and just because a trademark or copyright holder CHOOSES not to take action, it doesn't prove they can't. Lastly, just from skimming, it doesn't appear that any of those items you linked state or even clearly imply a blanket "it's ok if it's for personal use" exemption, just some specific personal uses of some technologies. But maybe you can point me to something I skimmed over. That's how I see it, anyway. Last edited by ApK; 01-03-2011 at 01:36 PM. |
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#84 | |
Award-Winning Participant
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Last edited by ApK; 01-03-2011 at 01:12 PM. |
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#85 |
eBook Enthusiast
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Location: UK
Device: Kindle Oasis 2, iPad Pro 10.5", iPhone 6
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#86 | |||
Professional Adventuress
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Join Date: Sep 2009
Location: The Olympic Peninsula on the OTHER Washington! (the big green clean one on the west coast!)
Device: Kindle, the original! Times Two! and gifting an International Kindle
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oh look! the sky is falling the sky is falling! |
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#87 |
Member
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Join Date: Jan 2011
Location: USA
Device: Kindle 3
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This has been an education on many different levels. I'd like to thank EVERYONE for all the opinions represented, the links and advice provided, and the passion imparted. What an interesting, lively forum I stumbled upon in my quest to address the Kindle-library book issue.
I've taken everything into consideration and will give the husband the short version tonight when he returns from work (ha! I've got the day off) as the final decision is his, obviously! If he asks my opinion (and I think he will), I will suggest we keep the Kindle (and the Kindle-related "stuff" Santa brought) and take advantage of the many legitimate resources proffered here by this wise and experienced group. Y'all are terrific! (Can you tell I live in the South now?) ![]() |
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#88 |
Professional Adventuress
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Karma: 50260224
Join Date: Sep 2009
Location: The Olympic Peninsula on the OTHER Washington! (the big green clean one on the west coast!)
Device: Kindle, the original! Times Two! and gifting an International Kindle
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have fun and let us know how it goes!
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#89 | |
Groupie
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Join Date: Aug 2009
Device: laptop
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http://www.law.cornell.edu/uscode/ht...7----000-.html Once again, the big determinate of fair use is the profit motive. |
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#90 | |
Award-Winning Participant
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Location: NJ, USA
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That section of the law does not define fair use. It neither allows nor prohibits any particular use as fair use. It states that there are fair use exceptions, lists some general areas where fair use may apply, and lists some of the factors in deciding IF a use is fair use. Whether a given use constitutes fair use is decided by the courts, not by that law. And, as that very citation indicates, profit--any commercial impact-- is merely one of the factors to be considered, certainly not "the big determinate." |
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