06-14-2020, 05:49 PM | #61 |
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Yes, the law is an ass because they insist authors get paid so they can make a living. Or at least buy a pizza once in a while as a reward for writing a book worth reading.
Those evil evil authors, wishing to get paid. Again: https://www.youtube.com/watch?v=PuLr9HG2ASs |
06-14-2020, 05:58 PM | #62 | |
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Last edited by Paperbackstash; 06-14-2020 at 06:48 PM. |
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06-14-2020, 06:06 PM | #63 | |
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Personal use transcoding hasn't been litigated in the US because all the cases litigated (and won) have been for *distribution*. Napster, pirate websites, etc... That is the violation, distributing somebody else's material. Personal use is different because it's generally understood that few people would pay for an MP3 or ISO file of a CD or DVD they already own, when tbey can easily convert what they already paid for, so the transcoded version isn't often substituting for a new sale. Personal use only triggers one or two of the four tests, depending on the judge, and it usually is treated as "de minimis", too small to bother the courts with, which is not the case with the IA. |
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06-14-2020, 08:46 PM | #64 |
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The existing law doesn't simply pay authors, editors, and others involved.
It reaches back decades. It affects scanned books where the originals are out of print and better-quality e-books are nonexistent. It seems to affect potential readers and potential lenders the most when it affects the authors and editors the least or not at all. At times, I've ended up buying hard copies, because it's cheaper than the publisher's scanned ebook copies. At times they don't have any ebook copies. Last edited by MarjaE; 06-14-2020 at 08:51 PM. |
06-17-2020, 07:09 AM | #65 | |
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And? Copyright grants the right to control distribution. That includes the right to sell and not-sell and how much, if anything, to charge. Wanting something does not confer the right to get it. It is neither a civil nor human right. Throwing tantrums because you can't get something is childish and something well-raised kids get over by the time they hit grade school. Books are not essential. Food, shelter, health care are. If IA wants to improve the human condition they should focus on those essentials. There's no shortage of need there. |
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06-17-2020, 08:04 AM | #66 |
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Social knowledge and discussion benefit us all.
The rationale for these monopolies was to reward authors and publishers for contributing to knowledge and discussion, tolerating the harms of monopolies and their enforcement in return for the benefits of more writing, wider publication, and eventually additions to the public domain. If and when important works aren't available, then the system isn't working as it's supposed to. So yes the absence or the excessive costs of some reference books are a relevant critique. Of course we have to expect some gaps. But with digital distribution there don't have to be as many gaps as before. The rationale was not that these monopolies granted a right to these monopolies. |
06-17-2020, 12:03 PM | #67 | |
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That is the argument of the "bad guy" publishers who don't want ebooks at all. Traditional pirates used to justify their scanning by saying the ebooks couldn't be purchased, now they can be purchased all over and *that* justifies it? (And that last sentence needs editing. As written it is semantic nonsense. it is the consititution that grants the copyright to the distribution monopoly, not the monopoly itself.) The constitution grants the copyright to encourage *creation*, not consumption. It's in the constitution because paying creators is *that* important. In case you haven't noticed, for decades there have been thousands of galented writers who stopped creating because print publishing didn't justify the effort. Today's ebook tech is allowing many more creators to get paid but if the IA rationalization prevails they too will quit. Tomorrow's books are funded by today's sales. And today's sales are moving to digital. Print pay is inadequate. Just ask the autbor associations. But the IA is clearly a follower of HAGAR THE HORRIBLE: O words of love, O words divine! The silver thought, the golden line! Of all men's words, there's none so fine, As these three words: 'I've got mine!' Hagar the Horrible |
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06-17-2020, 12:16 PM | #68 |
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Sony Betamax (Sony vs. MCA/Universal/Disney) case would likely be precedent. As I remember, Sony won, lost on appeal and then won in the US Supreme Court.
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06-17-2020, 01:55 PM | #69 | ||||
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06-17-2020, 02:10 PM | #70 |
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Betamax: And you can't make copies of DVDs or BD to loan them out, not even if free. You can't play them in public without a suitable licence/contract either. The Open Library was always wrong. Misuse and unfairness in existing copyright laws is no argument, that never works in court. You can lobby to reform laws, not unilaterally break them because you feel they aren't fair.
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06-17-2020, 02:32 PM | #71 |
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That it is nonsense to say a monopoly cannot grant a monopoly when the constituition grants the monopoly.
Period. The monopoly on distribution is sanction by the founding compact of the nation. There's no handwaving involved, other than the IA pretending that wanting something entitles them to getting it. |
06-20-2020, 12:08 PM | #72 | |
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06-20-2020, 12:09 PM | #73 | |
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06-20-2020, 02:19 PM | #74 | |
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06-20-2020, 04:20 PM | #75 |
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