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Old 02-11-2015, 08:04 PM   #31
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Would it help if MobileRead versions had some distinctive logo on the chapter pages? Just something to indicate that a given text is indeed from this site.
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Old 02-11-2015, 09:36 PM   #32
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Originally Posted by Manabi View Post
Suing is unlikely to be useful, because the person behind this would likely be difficult to find, and probably hasn't make enough money to make it worthwhile. What is probably best is for HarryT to send Kobo a cease and desist notice pointing out it's infringing on his copyright. Others from the UK should do the same. If Kobo/etc. gets enough notices, they may yank the entire seller account.

I do like pdurrant's idea, let's sic the Conan Doyle estate on them.
Since Kobo is a multinational retailer, they would probably just make KBook stop publishing their books in countries where there is a layout copyight.
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Old 02-11-2015, 10:39 PM   #33
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In at least some countries, there is a specific copyright in the typographical arrangement of so-called "published editions". This is certainly the case in Australia, and also in the United Kingdom. In the UK, section 1 of the Copyright, Designs and Patents act says, so far as relevant here:
"Copyright is a property right which subsists in accordance with this Part in the following descriptions of work—

(c) the typographical arrangement of published editions."
Like much current legislation, it does not sit easily with modern technology. In particular, some legal research may reveal if the Courts have decided where an EBook is in fact published in particular circumstances. For instance, using Harry's Sherlock Holmes as an example, likely Harry did all of the work preparing it in the United Kingdom. But it was uploaded to Mobileread (presumably a United States entity) to servers, presumably in the US. Once uploaded, it is available all over the World. This is the type of problem which arises and is dealt with badly in many areas,most notably Taxation. So where was it published? Or was it published in all jurisdictions simultaneously?

Without this legislation what seems to be required to attract protection for a particular edition is some further "creative" step. Just what is sufficient is of course a matter of what has been done in relation to the particular book in question.

Our choice as a community is whether we are prepared to accept this type of thing happening or not. If we choose not, then we need to arrange the library so that it attracts copyright protection, and actually licence the EBooks so that commercial exploitation can only take place with consent.

So far as the current situation is concerned, I think someone representing Mobileread needs to write to Kobo, Amazon informing them:

1. What has happened;
2. That the EBooks concerned may be subject to copyright protection in some countries;
3. That charging for them may breach consumer law in some countries.

The request should probably not be that they be taken down, but simply that their origin be prominently stated on the relevant web pages, and that they be offered free of charge.

I would not recommend legal action, which is likely to be very costly and unlikely to achieve a satisfactory outcome.
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Old 02-12-2015, 07:41 PM   #34
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Err... has anyone pointed this out to Kobo? I don't think they read MR forums, and they may not know that they are being used for this scam. Or of course it may be that they are the ones who are doing it.

I had a quick look through the Holmes Omnibus on the Kobo site (thanks for the link, Jon), and found nothing to indicate that it came from MR.
I agree--if reported, they may very well block the uploads. I know I have reported stuff like this to Smashwords and they have acted immediately. I don't know why Kobo would be any different. Most retailers really don't want public domain stuff uploaded like that -- especially if it has been ripped off from another source that did the formatting. I know Amazon no longer allows it and has to take stuff down when it occurs (I've also reported stuff there.)
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Old 02-13-2015, 12:05 AM   #35
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It might be worth writing a review of any books you find like that, with a link to the free original. Or would Kobo delete those?
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Old 02-13-2015, 12:32 AM   #36
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It might be worth writing a review of any books you find like that, with a link to the free original. Or would Kobo delete those?
That was my first idea and I would have done it at once and with glee - but there is no review function in the German Kobo store...
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Old 02-13-2015, 12:50 AM   #37
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And if you believe Kobo, people are actually falling for it:
Quote:
#8 in Mystery & Suspense, Thrillers
#10 in Fiction & Literature, Thrillers
This doesn't necessarily mean that anyone has bought that particular book. The way Kobo rankings seem to work, all books with an identical title and author are treated as the same book. There is more than one book with the title "Sherlock Holmes Omnibus" by "Sir Arthur Conan Doyle", so buying any one of them will cause all the others to increase in their ranking too.

Last edited by GeoffR; 02-13-2015 at 12:53 AM. Reason: necessarily
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Old 02-13-2015, 04:44 AM   #38
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Here is a link to HarryT's Sherlock Holmes Omnibus.

https://store.kobobooks.com/en-US/eb...lmes-omnibus-5

This proves they are rip-off scum.
Well I had to try that one. And you know what? It is not available for international customers!
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Old 02-14-2015, 05:19 AM   #39
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Well I had to try that one. And you know what? It is not available for international customers!
What precisely do you mean by "international customers"? It is most defintely available from the German store.
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Old 02-14-2015, 05:44 AM   #40
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Originally Posted by doubleshuffle View Post
What precisely do you mean by "international customers"? It is most defintely available from the German store.
I simply tried the given link, I was curious about the price. I had no intention of buying the omnibus. I already have a Holmes omnibus acquired many years ago from Mobipocket.

And as has been said many times in this thread, the book is free here at MR.

I just thought it was funny that a ripoff should be geographically restricted.
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Old 02-14-2015, 01:26 PM   #41
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I just thought it was funny that a ripoff should be geographically restricted.
Yep, that's funny. And I find it particularly funny that it isn't available in Denmark while it is in Germany. Can you think of a reason for that?
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Old 02-14-2015, 04:00 PM   #42
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Yep, that's funny. And I find it particularly funny that it isn't available in Denmark while it is in Germany. Can you think of a reason for that?
Well I really don't know the reason why. As I said I just followed the link out of curiosity. You may want to ask Kobo, why they won't sell this ripoff to Denmark.

Here is some of the text I see, when I follow the link from JsWolf. The text is probably dependent of the country from where you follow the link.

[QUOTE
This content is not available internationally.

Unfortunately, this content is only available in select countries, and we do not currently have the rights to offer this content for browsing or purchasing in . For more information on our geographic availability, please click here.

[/QUOTE]

I have no intention of making a Sherlock Holmes investigation as to the reason why.
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Old 02-14-2015, 06:28 PM   #43
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I'm just waiting for Kbooks to send MR take-down notices for our offending content.
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Old 02-14-2015, 11:12 PM   #44
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I'm just waiting for Kbooks to send MR take-down notices for our offending content.

I guess they wouldn't notice the dates posted, either.
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Old 02-15-2015, 04:45 AM   #45
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Let me go in a different direction.

If I put the attached licence page into ebooks I prepare for the MR library in future will it be effective in discouraging people to refrain from selling ebooks I prepare? Or would they simply remove the page?

If they leave the page in but sell the ebook anyway what redress would I have? I certainly couldn't afford to take them to court.

This is the first time I've looked at Creative Commons. Does the wording make sense? Is there a better way of putting it?
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