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View Poll Results: Can free e-books be pirated? | |||
Yes. If not available (or on sale), the Way Back Machine to get it (for free) is piracy. | 27 | 45.76% | |
No. The Way Back Machine archives official sites, so you're getting it from the (old) official site. | 19 | 32.20% | |
No opinion / Don't care. | 13 | 22.03% | |
Voters: 59. You may not vote on this poll |
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02-14-2017, 04:27 PM | #136 | |||
Evangelist
Posts: 417
Karma: 6913952
Join Date: Aug 2013
Location: Hamden, CT
Device: Kindle Paperwhite (11th gen), Scribe
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Quote:
And, that's exactly the reason nobody is being sued (or ever will be) for personally breaking DRM. It's the same category as copying a book you already own so you can mark up the copy with notes...fair use. Because of that, it's not possible to win an infringement case against personal DRM removal, because the amendment that added the "anti-circumvention" clause (commonly known as the DMCA) specifically included text that said that fair use still applied to the new prohibition against circumvention. Since there are other types of infringement in 17 USC where fair use does not apply, so legislators could have left that part out of the DMCA, but chose not to. There has also been ample time to strike that part, but again, that hasn't happened. So, regardless of the fact that courts haven't spoken directly on the matter, the law does, and the fact that not one of the giant lawsuit-happy copyright holders have even threatened anyone with a lawsuit over breaking DRM for personal use says that it's not infringement...it's fair use. In the US, at least. Quote:
Quote:
Like the titles of bills, it's again just incorrect usage of words in order to conflate two completely different types of acts, and it's all driven by the big copyright holders and their purchased influence on government. |
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