$7,000 fine for sharing / pirating an ebook

[mr ploppy]

http://www.scribd.com/doc/98907191/Defauly-Dummy

"Counterfeiting" seems to be a new charge for this sort of thing, I don't think I've seen that one before. Usually that is reserved for people creating something with the intention of fooling people into thinking it is the real item. Like a fake handbag or something.

[murraypaul]

Originally Posted by mr ploppy

"Counterfeiting" seems to be a new charge for this sort of thing, I don't think I've seen that one before. Usually that is reserved for people creating something with the intention of fooling people into thinking it is the real item. Like a fake handbag or something.

Isn't that what someone does if they scan and OCR a book and upload it?
It is a 'fake' copy of the eBook, it may well be of lower quality, and damage the value of the trademark, same argument as for fake watches and handbags.
(Different matter for uploading an exact copy of a commercial eBook.)

[CWatkinsNash]

Makes sense. Copyright infringement ($5000) for uploading the book and additional counterfeiting / trademark infringement ($2000). Many pirated works don't have a strong trademarked brand identity like the Dummies books do. That instantly identifiable branding is of great value.

[Giggleton]

Originally Posted by CWatkinsNash

Makes sense. Copyright infringement ($5000) for uploading the book and additional counterfeiting / trademark infringement ($2000). Many pirated works don't have a strong trademarked brand identity like the Dummies books do. That instantly identifiable branding is of great value.

No it doesn't make much sense.

[Kali Yuga]

The defendant shared the book on BitTorrent. Apparently Wiley has been cracking the whip.

http://torrentfreak.com/7000-fine-fo...orrent-120702/

[HarryT]

Sounds like he could have saved himself a great deal of money by paying up when the accusation was made. (If he was guilty, which doesn't appear to be in question.)

[Rob Lister]

from the article:

This means that aside from the $7,000 in damages from Carpenter, the book publisher may have raked in more than a million dollars though private settlements. Private settlements are usually around $3,000 per person, which quickly adds up with hundreds of defendants.

[HarryT]

When they say that the court "entered a default judgement" does that mean that the defendant didn't turn up for the case?

[RainingLemur]

Originally Posted by HarryT

When they say that the court "entered a default judgement" does that mean that the defendant didn't turn up for the case?

Yeah, he pretty much failed to respond.

[Greg Anos]

Originally Posted by HarryT

When they say that the court "entered a default judgement" does that mean that the defendant didn't turn up for the case?

I'm assuming he got served...

(US civil law requires that a person be formally notified of a pending civil matter, or the case can't proceed. Or is this a criminal case?)

[teh603]

Originally Posted by murraypaul

Isn't that what someone does if they scan and OCR a book and upload it?
It is a 'fake' copy of the eBook, it may well be of lower quality, and damage the value of the trademark, same argument as for fake watches and handbags.
(Different matter for uploading an exact copy of a commercial eBook.)

The difference is that the "fake" watches and handbags are often the same quality as the expensive ones. The added cost is just to pay some over-priced designer whose stuff looks the same as that from every other over-priced designer.

It also illustrates one of the bigger lies of capitalism, that in a free market the cost of purchase will approach that of production.

[Greg Anos]

Originally Posted by Ralph Sir Edward

I'm assuming he got served...

(US civil law requires that a person be formally notified of a pending civil matter, or the case can't proceed. Or is this a criminal case?)

Yep, civil case and the person got served. As Sheriff Bart said about Mongo's release ...."It's legal."

[murraypaul]

Originally Posted by teh603

The difference is that the "fake" watches and handbags are often the same quality as the expensive ones. The added cost is just to pay some over-priced designer whose stuff looks the same as that from every other over-priced designer.

So buy a no-name handbag and don't worry about the label.

It also illustrates one of the bigger lies of capitalism, that in a free market the cost of purchase will approach that of production.

If people are buying fake brand name items, it is because they want to own something with that brand name on, rather than buying a store own-brand item for less. Blame them, not the system.

[Greg Anos]

plenty of blame to go around...

[QuantumIguana]

Economic models usually assume that people are rational maximizers, but paying a premium for a handbag, not because it is a better handbag, but for the name on it isn't rational.