06-24-2008, 12:36 PM | #46 | |
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One of the moderators has a legal copy, but has decided not to post it because the Mitchell estate has threatened other websites (even though those other sites were not breaking any laws). |
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06-24-2008, 12:43 PM | #47 |
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That was what I thought too, Dennis, when I asked why it mattered that Bookeen hadn't released the GPL sources for the version of Linux running on the Gen3. Nobody's lost any money as a result, so why bother? I am informed by those who claim to know, that "punitive" damages can be awarded even when there is no loss of revenue.
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06-24-2008, 12:48 PM | #48 | |
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Let me answer you hypothetically. If I do the work 1.) In the US, and 2.) as a US citizen, then I am a target for an infringment lawsuit because I infringed the work in the US. As a matter of fact, I'd make an excellent deterrent (Jammie Thompson type) lawsuit target. My Nom De Plume would be on the Mobileread Download. I prefer not to do it for those legal reasons. (Not moral reasons, I see no reason to say it's immoral to violate a life + 95 copyright vis a vis a life + 50 copyright, when the whole purpose of copyright was to be a wasting asset to encourage the creation of new works. Dead people don't create new works.) |
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06-24-2008, 12:59 PM | #49 | |
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The question becomes "How likely do you think anyone would be to come after you?" As mentioned, infringement suits take time and cost money, and get brought because someone sees potential losses from the infringement. In the vast majority of stuff offered on MobileRead, I can't see anyone finding it worth the trouble to go after. ______ Dennis |
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06-24-2008, 01:06 PM | #50 | |
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What I find interesting is the chilling effect mentioned by Nate. I gather there has been no case law on the subject in Canada so far. (Is Canada a "loser pays" civil legal system?) |
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06-24-2008, 01:07 PM | #51 | |
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______ Dennis |
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06-24-2008, 01:11 PM | #52 |
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The deterrence factor. By scareing the people to not make public domain titles in a country available, they get to keep the market for themselves (and at the prices they choose to charge.)
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06-24-2008, 01:19 PM | #53 | ||
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CN "won", technically speaking, and Blackmask went down (to be reborn as Munseys, sans the offending content), but shot themselves in the foot longer term in the process. The discovery phase was...interesting, and various things CN would probably not have made public voluntarily (like the way they bought the rights from Dent's widow for a pittance) are now on the record. Quote:
______ Dennis |
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06-24-2008, 01:25 PM | #54 | |
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"OK, I filed suit and scared people, and I now have the market to myself at prices I set. The problem is, nobody wants to buy them!" Unless someone sees some actual potential revenue in the titles, I don't see preemptive strikes to protect them as likely. ______ Dennis |
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06-24-2008, 04:09 PM | #55 | |
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Another good title would be "My Brother, My Lunch.". Plus a little background music always enhances the reading experience. |
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06-24-2008, 04:39 PM | #56 | |
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06-24-2008, 05:29 PM | #57 | ||
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Chandler and Hemingway are tougher nuts, because they do still sell, and there's an incentive for those holding the rights to hold onto them. Meanwhile, do as you wish. I just see less risk than you do. ______ Dennis |
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06-25-2008, 01:49 PM | #58 |
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What I understand happened with "Gone With the Wind" is that, even though it's in the public domain in Canada, its US rights-holder (and it's still a major revenue earner, seemingly) basically "bullied" a number of sites into removing it on the (highly dubious) grounds that by not specifically blocking people from the US from downloading it, they were guilty of contributing to the act of copyright infringement. Basically a case of "we've got deeper pockets than you" in the lawyer-department. Pure "scare tactics", but who can afford to risk a lot of money proving it?
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06-25-2008, 02:22 PM | #59 | |
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And even if you have the money and inclination to fight it out, it's dangerous. This sounds like a court case could involve setting a precedent that might require sites not in the US to block US downloads of material like this. Best not go there... ______ Dennis |
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06-25-2008, 03:16 PM | #60 |
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This is the sort of rubber hose treatment that make me fight tooth-and-nail against US copyright laws....AARGH.
(Slaps self a couple of times....Takes a deep breath). You know, if I were hosting a Canadian web site, I think I'd open a mail-order business that mails only to Canadian addresses, selling Gone With The Wind as a e-book on a CD in every format I could put it into..... |
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