05-15-2009, 01:27 PM | #46 |
Publishers are evil!
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If Amazon believed that the TTS feature did not transform their eBook into an audio book then they still needed to pass the hurdle of their device reading the book not being construed as a "public performance" i.e. something that would be a copyright violation.
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05-15-2009, 01:33 PM | #47 |
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It's not a public performance when the consumer uses it for personal use. The whole "public performance" argument was a stretch, and more for posturing than anything else. Their real argument is over the distributor contract and wanting the higher royalty rate that classifying it as an "audio book" would get them.
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05-15-2009, 02:07 PM | #48 |
Publishers are evil!
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I agree that it is a stretch. I think classifing eBooks that can be read by a device as audio books is a strech as well.
My initial post asked "who's right is it?" My overall position was simply that regardless of the merits of copyright law (or contract law as you pointed out) that Amazon is within their right to side with their suppliers and turn off TTS. (Personal attacks aside, I also thought Jon had a good arguement about that giving consumers the right to remove DRM -- realizing that this position hasn't been tested in court yet.) |
05-15-2009, 02:29 PM | #49 | |
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dordale |
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05-15-2009, 02:38 PM | #50 | |
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In other words in best case Amazon's/publisher's active prohibition amounts to nothing else but to trying to block the law which is illegal. |
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05-15-2009, 02:44 PM | #51 |
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Actually, no; the exemptions do not make it illegal for producers to create those barriers; it just makes it legal for consumers to circumvent those barriers in certain circumstances.
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05-15-2009, 03:26 PM | #52 | |
reader
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The bad part is that MobileRead has to avoid explicit instructions about how to circumvent TTS disabling, because Amazon or the publishers might sue. It does not matter that consumers would probably win a case if they were ever sued for circumvention. It might in any case still be illegal to aid someone in circumventing the TTS flag. |
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05-15-2009, 04:22 PM | #53 | |
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The notion of a remote "kill switch" is the kind of fear-mongering you would expect from the likes of Faux News. There is absolutely no evidence supporting such a claim. I would look at all future posts from the source of this bogus rumor with a very wary eye. El |
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05-15-2009, 04:35 PM | #54 | |
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Sometimes in a moment of greed and fear people and groups can damage their reputations beyond repair- The author's guild is hell bent on doing this now. |
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05-15-2009, 04:52 PM | #55 |
Literacy = Understanding
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The only way Jon's opinion would stand up in court in this matter is if the only judge listening to him was Clarence Thomas -- and then only until Clarence wrote his opinion telling Jon that exemption does not extend to everyone in the USA.
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05-15-2009, 05:00 PM | #56 | |
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05-15-2009, 05:05 PM | #57 | |
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05-15-2009, 05:29 PM | #58 | |
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05-15-2009, 05:54 PM | #59 |
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Getting back to the original topic -- I checked The Stand, which is the only title I have that I know for sure is going to be TTS disabled, and it still works. It may not be the best example, since it's not currently available, but the holding page for the Kindle version tells me that "You purchased this item on July 11, 2008" so I'm guessing the ASIN will be the same. I did download a couple samples in the past few days, so I have connected to whispernet recently.
I would be really surprised if Amazon applied this retroactively anyway, and I find this whole Orwellian idea of what Amazon can do to our content sort of overblown and paranoid. Also, listening to the first page of The Stand in TTS reminds me of why I would never choose to use TTS It's awful, and anyone who thinks it's a valid substitute for a real audiobook needs to have their ears examined pronto. |
05-15-2009, 11:22 PM | #60 | |
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Don't spread the BS, please. |
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