Are Fair Use Rights coming to an end?

[pholy]

I'm not sure what Amazon has done to make life difficult for people who like to figure out how things work. but any DRM scheme is designed to eliminate Fair Use rights of consumers and give the distributors a perpetual lock on copyright. In the US, Fair Use (Canada: Fair Dealing is similar) gives users certain rights to make copies (usually partial) of works without asking permission of the copyright holder. It's a big topic, and IANAL, and as users become content creators via remixing and documentaries, one that everyone needs to learn more about.

[taosaur]

Originally Posted by tubemonkey

Your ability to do so is governed by two factors: the rights owner and the law. As long as you don't run afoul of either, there's no problem. But, if breaking DRM violates either, then you have a problem; not them.

Fortunately, that's a big "if." I don't think there's a consistent body of rulings yet, but to my knowledge precedent so far favors the interpretation that DRM stripping and format shifting constitute fair use and do not violate copyright. Hence the blogger's view that Amazon's actions are willful obstruction of fair use.

The "rights owner" can attach a notice to each paper copy of their work that you must gambol thrice widdershins before setting it down, but you are still only beholden to actual copyright law.

[Catlady]

Originally Posted by speedlever

I edited the OP to include the entire note which will answer your question.

Thank you, it helps, but I must confess I still don't really understand, as the whole process is beyond me. Does this mean the tools and the Calibre plug-ins won't work anymore with Kindle books?

[Nancy Fulda]

Originally Posted by Catlady

Translation, please. What has Amazon done?

Amazon has deliberately written their software in a way that makes it difficult for programmers to hack into the system in order to learn how the DRM management can be circumvented.

You can like DRM or dislike DRM, but I can't see how Amazon is being a Big Bad Guy for protecting the proprietary rights they've established with their software.

[Ravensknight]

Originally Posted by Catlady

Thank you, it helps, but I must confess I still don't really understand, as the whole process is beyond me. Does this mean the tools and the Calibre plug-ins won't work anymore with Kindle books?

Correct. Soon the kindle related tools and plugins will not work and there will not be an update capable of making them work.

My original question still stands too, are the other drm schemes increasing likewise or just riding along?

[Catlady]

Originally Posted by Ravensknight

Correct. Soon the kindle related tools and plugins will not work and there will not be an update capable of making them work.

My original question still stands too, are the other drm schemes increasing likewise or just riding along?

Thanks. And is this something that will be used for new books at Amazon, or something that can be applied retroactively to already available books?

I certainly hope epub DRM does not employ a similar scheme!

[sadievan]

Originally Posted by Nancy Fulda

Amazon has deliberately written their software in a way that makes it difficult for programmers to hack into the system in order to learn how the DRM management can be circumvented.

You can like DRM or dislike DRM, but I can't see how Amazon is being a Big Bad Guy for protecting the proprietary rights they've established with their software.

Just my opinion, but I think if Amazon removed the DRM from their ebooks they would sell a lot more. I think people would like to buy an ebook they could read on any device. If I buy a DVD say from Sony Pictures, am I only allowed to play that DVD on a Sony Player?

Carol

[Ravensknight]

Originally Posted by Catlady

Thanks. And is this something that will be used for new books at Amazon, or something that can be applied retroactively to already available books?

I certainly hope epub DRM does not employ a similar scheme!

I am not sure. I suspect that books you've already freed and added to a different book manager[say Calibre as opposed to the amazon manager] would be fine. But if you re-downloaded the books, I think you wouldn't be able to free them again.

[taustin]

Originally Posted by taosaur

The "rights owner" can attach a notice to each paper copy of their work that you must gambol thrice widdershins before setting it down, but you are still only beholden to actual copyright law.

And that is the bottom line. Copyrights are governed by copyright law, not by contract law. There are provisions in the DMCA providing for stripping encryption for "purpose of cross compatibility." How they will interact with the provisions regarding the tools to do so is still being settled, but there's a clear intent to allow the consumer to put his Kindle book on a device that only does epub.

[carpetmojo]

Originally Posted by taustin

And that is the bottom line. Copyrights are governed by copyright law, not by contract law. There are provisions in the DMCA providing for stripping encryption for "purpose of cross compatibility." How they will interact with the provisions regarding the tools to do so is still being settled, but there's a clear intent to allow the consumer to put his Kindle book on a device that only does epub.

So Amazon will allow you to d/load a kindle book in epub ?

Isn't that just what they don't want you to do ?

Have I missed something, 'cos it seems like it to me ..

[Catlady]

Originally Posted by Ravensknight

I am not sure. I suspect that books you've already freed and added to a different book manager[say Calibre as opposed to the amazon manager] would be fine. But if you re-downloaded the books, I think you wouldn't be able to free them again.

Well, once they're free, they're free and backed up! But I certainly will now be even more hesitant to buy a Kindle book if I can't convert it to epub.

[mr ploppy]

Originally Posted by cfrizz

If there are a lot of people like me, we don't even know WTH any of the above is to get upset about.

Assuming you're not one of the people who likes to fix spelling mistakes, change the layout, make the text bold, add chapter ticks, etc, and never want to buy your ebooks from anywhere other than Amazon, or buy a competing ebook reader when a better one comes along, there is nothing to worry about.

As for lobbying, I doubt you will ever get a large enough group of people to stump up the money it would cost to get the laws that the entertainment industry paid for overturned.

[jgaiser]

Originally Posted by mr ploppy

As for lobbying, I doubt you will ever get a large enough group of people to stump up the money it would cost to get the laws that the entertainment industry paid for overturned.

Unfortunately, this is so true. The industry "writes" the laws and the consumer lives with the results.

[MV64]

Originally Posted by cfrizz

If there are a lot of people like me, we don't even know WTH any of the above is to get upset about.

I imagine people are upset (like me) because everything, from ebooks to music to computer companies, are trying to essentially make life more difficult for the consumer and easier for themselves by locking us into buying only from them. Then we can't bargain hunt, we can't pick the books or software we really want, without having to go out and spend a lot of money buying everything we already own, only with a competitor.

Once the consumer is shackled to a company, the product quality and customer service can take a nosedive because most people won't spend all that money over again to buy things they already have, only with a rival company. It just puts all the power in the court of the corporation.

[soondai]

Originally Posted by Ravensknight

My original question still stands too, are the other drm schemes increasing likewise or just riding along?

Good question. Seems likely Adobe will do something similar eventually.

Be interesting to know if Amazon did this on their own, feeling like they were losing sales, or if the publishers pushed for it. If it was just an Amazon decision, maybe it won't change.