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Old 08-03-2018, 12:12 AM   #1
Hitch
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Does anyone here have "The Richest Season" or "So Happy Together," McFadden, in Mobi?

Hi, guys:

I know, it's a weird question. I am making an inquiry on behalf of the author, who got her backlist rights back--but the publisher removed the ebooks (Hyperion was the publisher) before we could buy a copy.

Does ANYONE here have either of these, in MOBI (purchased from Amazon) or ePUB?

Please PM me, thank you. Not trying to do anything nefarious here.

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Old 08-04-2018, 12:58 PM   #2
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Folks:

Thanks to the efforts of two MRers here, we've found and purchased the ePUBs. I greatly appreciate everyone's help---it took two MRers, a VPN and some, er, creativity, but, bygod, my client now has copies of her own eBooks.

Thank you!!!!

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Old 08-04-2018, 01:26 PM   #3
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Sounds pretty spiteful of the publisher.
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Old 08-04-2018, 03:03 PM   #4
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Sounds pretty spiteful of the publisher.
The original publisher, which had a good relationship with her, was purchased or whatever. I am not privvy to all the details, but...for all I know, it's nothing more than perhaps, they just don't have them, or something. The books were published in ebook form in May 2009, so...

Nonetheless, a reasonably happy ending. :-)

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Old 08-04-2018, 03:12 PM   #5
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Quote:
Originally Posted by Hitch View Post
Thanks to the efforts of two MRers here, we've found and purchased the ePUBs. I greatly appreciate everyone's help---it took two MRers, a VPN and some, er, creativity, but, bygod, my client now has copies of her own eBooks.
Glad to hear it. Lesson to authors (it appears) ... (buy?), download and store copies of your own books.
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Old 08-04-2018, 03:24 PM   #6
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Glad to hear it. Lesson to authors (it appears) ... (buy?), download and store copies of your own books.
YES. If you don't get file copies from your publisher, BUY a copy and download it.

If you're...tecchy, I'd recommend reading up on the Calibre forums about how you can decrypt and maintain a clean file copy, for your own records. I won't say more than that, but consider it format-shifting. This way, you have a usable file. You guys would be shocked at how many times I've had to sally forth, buy a copy of someone's book and er, format-shift it, so that they have a usable copy of their OWN BOOK. (Which is the only person I'd do that for.)

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Old 08-04-2018, 04:59 PM   #7
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Quote:
Originally Posted by Hitch View Post
YES. If you don't get file copies from your publisher, BUY a copy and download it.

If you're...tecchy, I'd recommend reading up on the Calibre forums about how you can decrypt and maintain a clean file copy, for your own records. I won't say more than that, but consider it format-shifting. This way, you have a usable file. You guys would be shocked at how many times I've had to sally forth, buy a copy of someone's book and er, format-shift it, so that they have a usable copy of their OWN BOOK. (Which is the only person I'd do that for.)

Hitch
Good advice for anyone as far as having a clean copy of books that you have purchased.

Though I can see a future court case: "Your Honour, we will establish that the defendant downloaded and removed DRM from a ebook." "But, Your Honour, it's my book! I wrote it!".
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Old 08-04-2018, 05:00 PM   #8
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Good advice for anyone as far as having a clean copy of books that you have purchased.

Though I can see a future court case: "Your Honour, we will establish that the defendant downloaded and removed DRM from a ebook." "But, Your Honour, it's my book! I wrote it!".
Ahem, format-shifted. :-)

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Old 08-05-2018, 09:19 AM   #9
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Ahem, format-shifted. :-)

Hitch
Doesn't matter, as the original publisher no longer has the rights.

It is worded like this:
  • Copyright by [author's name]
  • copying, storing, yada yada, only with express written permission by publisher.
Now the second point is important. And they cleverly do not not name themselves by name. When I look it always says "publisher." The store you bought the ebook from would wisely not complain about circumventing their DRM, as they sold an ebook they no longer could sell legally (since the old publisher no longer holds the distribution rights). The written permission should be obtainable by the author that got the rights back, and is for all intents and purposes the publisher.

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Old 08-05-2018, 01:40 PM   #10
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If I recall correctly Walter Jon Williams used his pirated ebooks once he got the rights back to release his back list.
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Old 08-05-2018, 03:13 PM   #11
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Quote:
Originally Posted by DuckieTigger View Post
Doesn't matter, as the original publisher no longer has the rights.

It is worded like this:
  • Copyright by [author's name]
  • copying, storing, yada yada, only with express written permission by publisher.
Now the second point is important. And they cleverly do not not name themselves by name. When I look it always says "publisher." The store you bought the ebook from would wisely not complain about circumventing their DRM, as they sold an ebook they no longer could sell legally (since the old publisher no longer holds the distribution rights). The written permission should be obtainable by the author that got the rights back, and is for all intents and purposes the publisher.
Indeed. But...well. You know, I'm in the biz. I have to be exceedingly careful. I normally would never even whisper about stuff like this, but I could not find the client's books. Without the help I got here, I doubt I would have. Hooray, MR.

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If I recall correctly Walter Jon Williams used his pirated ebooks once he got the rights back to release his back list.
I believe that's exactly right.

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Old 08-05-2018, 10:59 PM   #12
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My understanding is that just circumventing the copy protection system itself is a violation of the law, even if it is fair use.

I can understand why Hitch is "exceeding careful" in situations like these.
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Old 08-06-2018, 12:56 AM   #13
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My understanding is that just circumventing the copy protection system itself is a violation of the law, even if it is fair use.

I can understand why Hitch is "exceeding careful" in situations like these.
Ah yes, that is true. My understanding of the DMCA is that a company can only invoke it if it protected a coyrighted work. In the case of this thread it sounds like to me that Hitch found a way to purchase the book (probably from an seller oversees) after the author got the rights back. The DMCA should be no longer applicable to a now technically pirated book, thus the circumvention of DRM is no longer a criminal offence.
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Old 08-06-2018, 01:03 AM   #14
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Ah yes, that is true. My understanding of the DMCA is that a company can only invoke it if it protected a coyrighted work. In the case of this thread it sounds like to me that Hitch found a way to purchase the book (probably from an seller oversees) after the author got the rights back. The DMCA should be no longer applicable to a now technically pirated book.
Why do you say the book was pirated? The supplier could easily still have access under their contract with whomever is the publisher of record in that part of the world? It might get a bit squiffy when it comes to geo-location but that has not had a real court test when it comes to ebooks.

As for section 1201 of the DMCA? It makes it illegal for anyone to remove access controls from a copyrighted work.

The section that some record labels attempted to use to block a paper from being presented that detailed flaws in their Secure Digital Music Initiative? That has been used by several companies to claim that publishing flaws in their software would be a violation. What, some hacker can remotely control the accelerator and braking in your car? Well, you can't tell the world because that violates the DMCA. Then there was the attempt by researchers have the Library of Congress Librarian of Congress grant an exemption to the DMCA to make it crystal clear that independent research on vehicle software doesn’t violate copyright law in the LoC's triennial review. This was opposed by the vehicle manufacturers and the EPA. This was shortly before the VW emissions test scandal broke. Further to the comment about braking/acceleration, one researcher was threatened with arrest for planning to deliver a paper on how easy it was to take over control of automotive on-board systems due to poor to non-existent security protocols.

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Old 08-06-2018, 01:20 AM   #15
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Why do you say the book was pirated? The supplier could easily still have access under their contract with whomever is the publisher of record in that part of the world? It might get a bit squiffy when it comes to geo-location but that has not had a real court test when it comes to ebooks.
No, once copyright is reverted, it means that nobody can distribute (free of charge or for money) the work without infringing copyright. The copyright holder has to give permission. The seller may argue that the publisher did not notify them about losing the right to publish.

What other shenanigans went on is still a little bit grey (I don't want to know about them, and some might still be illegal). We won't know the exact circumstances (Hitch would be smart to not elaborate beyond what she already said) - it was my assumption that the reverting of rights included world wide publishing rights.
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