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Old 03-28-2012, 01:27 PM   #31
anamardoll
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Er, I'd like to point out that the Pottermore TOS specifically says you can't back the books up to a storage device like DVD or USB, iirc.

I mean, for the love of pete, back up your data, but let's not pretend that Pottermore doesn't make you sign an agreement to specifically not do that.
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Old 03-28-2012, 01:30 PM   #32
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I am bad and rarely read the TOS. Maybe that is because I know that I have no real intention of following them when it comes to my e-books. If you want me to buy a license, then charge me a few bucks. If I am paying the same price as a physical book, then I don't see that as a license, I see it as buying the book and I will back it up and do what I want with it.

OK, so I am a bad consumer who is one day going to be sued for a ton of money or have my accounts closed for violating the TOS.
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Old 03-28-2012, 01:32 PM   #33
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Originally Posted by anamardoll View Post
Er, I'd like to point out that the Pottermore TOS specifically says you can't back the books up to a storage device like DVD or USB, iirc.

I mean, for the love of pete, back up your data, but let's not pretend that Pottermore doesn't make you sign an agreement to specifically not do that.
Where does it say that?

n.m I see it. That's a terrible terrible clause and utterly stupid.

I agree with ProfCrash on that one, there's no way I'll follow the no backup to DVD/USB clause.

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Old 03-28-2012, 01:33 PM   #34
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There is a whole thread on the Pottermore eBooks. The TOS is mentioned within.

Quote:
You may not and may not permit others to do any of the following things in relation to any book or extract:

§ sell, distribute, loan, share, give or lend the book or extract to any other person including to your friends (except in the limited circumstances explained at 12.1 above);

§ print-on-demand or copy or burn the book or extract to a device whose principal function is to act as a storage device, for example, a CD/DVD or USB stick;
I agree it's stupid. I'd like people to remember it whilst praising Pottermore for their devotion to freedom, forward-thinkingness, unicorns, rainbows, and kitten farts.

(Ironically, if my books are side-loaded to a Sony PRS-950 where all my books are stored on a memory card, I would be apparently breaking the TOS by virtue of trying to read my books. Similarly, downloading to my cell phone via the Nook app would be breaking the TOS since my cell phone files are stored on a memory card. Fortunately, my Sony PRS-350 is apparently safe. )

Last edited by anamardoll; 03-28-2012 at 01:39 PM.
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Old 03-28-2012, 01:45 PM   #35
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I still think my points are valid, in that you have less risk of losing access to your pottermore book due to the lack of DRM, it does mean you've to break a cival "contact" to keep your books safe although that's a little better than having to break anti circumvention laws, however I'm really shocked they would even attempt to block people from making backups in that way.

It's a clause that is in no way needed. The terms should be about ensuring people don't have the right to pirate the books and just give copies away. Not about how you keep your purchase safe.

I'd go as far as saying it's the most idiotic and monumentally stupid clause in any T&C I've ever read

I hope they have a change of heart and remove that clause. Not that anyone will follow it.

Last edited by JoeD; 03-28-2012 at 01:49 PM.
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Old 03-28-2012, 01:48 PM   #36
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In my opinion, the much touted "social DRM" has always been about supposedly "tracking" pirates than caring about customers, so this TOS really does not surprise me in the least.

I'm super excited to be able to buy and read the books for the first time, but I'm not going to assume that Pottermore is progressive based on their social DRM. Call me a cynic.
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Old 03-28-2012, 01:57 PM   #37
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Quote:
Originally Posted by anamardoll View Post
In my opinion, the much touted "social DRM" has always been about supposedly "tracking" pirates than caring about customers, so this TOS really does not surprise me in the least.

I'm super excited to be able to buy and read the books for the first time, but I'm not going to assume that Pottermore is progressive based on their social DRM. Call me a cynic.
It is about tracking pirates yes, but in a way that doesn't get in the way of a legit customer's usage. Of the various forms of DRM available atm, it's the one with least restrictions.

However the T&C about backup is just silly, as long as it remains just that, a backup.
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Old 03-28-2012, 01:59 PM   #38
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IMO you shouldn't trust any retailer to be around in the future for you to re-download a book. If they are great, but don't count on it. Amazon & B&N have both sold ebooks in the past (before Kindle & Nook) and folks lost access to those books for re-download years ago when both stopped selling ebooks. That's not to say I think the situation is the same with B&N and Amazon today as it was then, but it's still something to keep in mind.
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Old 03-28-2012, 02:42 PM   #39
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Originally Posted by JoeD View Post
It is about tracking pirates yes, but in a way that doesn't get in the way of a legit customer's usage. Of the various forms of DRM available atm, it's the one with least restrictions.

However the T&C about backup is just silly, as long as it remains just that, a backup.
I consider it highly dangerous, because I know how easy it would be to hack someone's computer or cloud account, and because I know how difficult it would be to prove that you didn't release them intentionally. But reasonable people can and do disagree.
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Old 03-28-2012, 03:02 PM   #40
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Originally Posted by anamardoll View Post
There is a whole thread on the Pottermore eBooks. The TOS is mentioned within.



I agree it's stupid. I'd like people to remember it whilst praising Pottermore for their devotion to freedom, forward-thinkingness, unicorns, rainbows, and kitten farts.

(Ironically, if my books are side-loaded to a Sony PRS-950 where all my books are stored on a memory card, I would be apparently breaking the TOS by virtue of trying to read my books. Similarly, downloading to my cell phone via the Nook app would be breaking the TOS since my cell phone files are stored on a memory card. Fortunately, my Sony PRS-350 is apparently safe. )
Even the options Pottermore itself offers to transfer a copy to, for example, My NOOK account, would seem to violate the letter of the TOS. My online account on the B&N server only provides storage, it has no reader function, other than to be a wholly separate storage medium/conduit for a separate reading device.

It's legalistic mumbo-jumbo and nobody who is sane is going to let it stop them from making a back-up copy. Nobody.
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Old 03-28-2012, 03:31 PM   #41
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I consider it highly dangerous, because I know how easy it would be to hack someone's computer or cloud account, and because I know how difficult it would be to prove that you didn't release them intentionally. But reasonable people can and do disagree.
It's no more dangerous than a DRM'd copy from Amazon which could have a user id embedded into the file before the DRM is applied.

I'm pretty sure the tools that strip the DRM mention that there may still be personally identifiable information left over. When both are equally open to problems if your PC is hacked or stolen, I'd favour watermarks over the alternative.

I do share your concern that there's going to be an issue over the use of any kind of marking of content that finds its way onto any file sharing site though. When possible, I still prefer buying books that are fully DRM free, with just the odd exception. But one step at a time

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Old 03-28-2012, 03:55 PM   #42
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Originally Posted by anamardoll View Post
(Ironically, if my books are side-loaded to a Sony PRS-950 where all my books are stored on a memory card, I would be apparently breaking the TOS by virtue of trying to read my books. Similarly, downloading to my cell phone via the Nook app would be breaking the TOS since my cell phone files are stored on a memory card. Fortunately, my Sony PRS-350 is apparently safe. )
No, you're perfectly safe.

The *primary* function of your Sony Reader or your Cell Phone isn't data storage. It is reading or communicating.

Mind you, it *is* a stupid clause--likely inserted by a legal drone at Sony--and unenforceable to boot. Nothing to fret over as long as you're not looking to share the files with 10,000 of you "closest" friends on the internet.
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Old 03-28-2012, 04:00 PM   #43
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Can I share it with a few hundred friends on facebook?

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Old 03-28-2012, 05:25 PM   #44
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It's no more dangerous than a DRM'd copy from Amazon which could have a user id embedded into the file before the DRM is applied.

I'm pretty sure the tools that strip the DRM mention that there may still be personally identifiable information left over. When both are equally open to problems if your PC is hacked or stolen, I'd favour watermarks over the alternative.

I do share your concern that there's going to be an issue over the use of any kind of marking of content that finds its way onto any file sharing site though. When possible, I still prefer buying books that are fully DRM free, with just the odd exception. But one step at a time
I buy audible books for my husband. I was looking at some of the files the other day and noticed that they are marked with my email address...
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Old 03-28-2012, 06:04 PM   #45
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I guess I feel more comfortable with Amazon then I do Pottermore because Amazon is more diversified and would have to be in really bad shape for things to go totally pear shaped. It is going to take longer and there will be many signs of the impending apocolypse. Pottermore might not be so obvious. Similar sites, Publisher run or author run, might be even more vunerable. Thanks, but I would prefer to have the option of buying my book from Amazon (I know others prefer other stores) then Pottermore for convience sake and security sake
I find this concern perplexing because Pottermore allowed me to transfer my books to the Amazon cloud. Yes, when you try to buy from Amazon, it takes you to Pottermore. However, once the books are bought, you may transfer them to the store(s) of your choice - at least in Canada.

I did a direct download in ePub to my computer (which has an automatic backup program). Then i used the 2nd of my 8 downloads to transfer the books to Amazon. From there I downloaded them to my Kindle. So on the off chance that Pottermore fails, and my home computer fails, and i lose my kobo, and i lose my kindle, I have full access to the books via Amazon's "manage my kindle" site.

Though this is not perfect, it is several miles down the road, and headed in the right direction, in terms of consumer protection. Especially for average people who have no idea how to strip DRM to shift formats.

Controlling? Yes - the strategy is conscious and intentional. No wonder it took time. I'm amazed that she has managed to influence / force/ entice / negotiate / whatever, Amazon, Sony and the others to play ball. Let's hope it's one of the sparks that ignite DRM.

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