10-16-2015, 08:59 AM | #16 | |
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In the interests of consistency, I have to ask, if this is the Moderator official stance, why has the Borkify Sigil plugin (as linked by patrik in post #12) been available for download since July? |
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10-16-2015, 09:06 AM | #17 | |
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Speaking with my moderator's hat on, for a moment, there's no problem whatsoever with creating, linking to, or downloading such plug-ins. I would, however, be cautious about publicly posting the output from them. Last edited by HarryT; 10-16-2015 at 09:11 AM. |
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10-16-2015, 09:21 AM | #18 |
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10-16-2015, 09:22 AM | #19 | |
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But, yes, if the scrambled books can't be posted, this isn't going to be much help. |
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10-16-2015, 09:29 AM | #20 |
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10-16-2015, 09:33 AM | #21 |
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I must respectfully disagree with HarryT here. When all the text in a book has been replaced by random letters, there is no copyrightable material left.
When no copyright material remains (and the letters that remain were determined by random choice, not derived from the original material) I fail to see how it could be considered a derived work. |
10-16-2015, 09:42 AM | #22 | |
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But at the end of the day, this is probably one of those things that only a judge could make a decision on, and I personally wouldn't take the chance. But that's just me . |
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10-16-2015, 09:51 AM | #23 | |
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For this reason, I would say that the TOC, as well as all images and headings would need to be scrambled as well. Shari |
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10-16-2015, 09:54 AM | #24 |
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10-16-2015, 09:56 AM | #25 | |
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If it is OK to proceed in principle I think we would need a definite yes/no about: - Cover image - TOC entry text - metadata in the OPF file (author, title, identifier, subject, description, publisher plus any calibre specifics) All of the above probably exist in free samples but if they were all scrambled - in addition to the normal text content - it's not immediately obviously how anyone could identify the book or what it's about. But that's a practical opinion not a legal one. |
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10-16-2015, 10:25 AM | #26 | |
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I don't see why there should be a problem.
I think HarryT's claim that it could "technically" be considered a derived work is rather farfetched, perhaps a textbook example of a law being interpreted in a truly ludicrously literal manner. Quote:
I would be willing to bet (a lot) that any judge, ANY, would simply laugh such a case out of court. Prosecutor: "Your honor, the accused stands charged of creating a derived work by substituting every letter in this book with a different random letter." Judge: "WTF? " Prosecutor: "The letter count of the defendant's book is clearly derived from my client's book. I think this is a serious problem, don't you?" Judge: "Get out of my court before I beat you over the head with a clue-by-four." Last edited by eschwartz; 10-16-2015 at 10:28 AM. |
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10-16-2015, 10:26 AM | #27 |
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Failing that, if one can post the first chapter as a sample for testing purposes, which is commonly done here, and apparently this is considered "fair use", then this plugin is far, far, far, far more "fair use" than that, and should surely be OK.
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10-16-2015, 10:33 AM | #28 | |
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Especially all the metadata in my library, most of which is no longer the metadata that came with the book anyway... Cove image is part of the metadata. Also, ^^ The ToC is on public record, if you care to look it up. Obviously, that is only my opinion. But it would be good sense for the Admin board to agree with me. |
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10-16-2015, 10:39 AM | #29 |
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I am not a lawyer in any country.
My understanding is that derivative works include some protected elements of the original work. I think it would be difficult to argue that this scrambled version does, unless - and this could be a serious consideration, I'm not sure - the markup & CSS might constitute protected work. |
10-16-2015, 10:46 AM | #30 | |
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