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Old 08-04-2008, 06:53 PM   #31
Nate the great
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We don't have to worry about the USA DMCA. The servers this site is on are in Canada.

Unfortunately, being in Canada creates a whole different set of problems (that I am planning to ignore until they rear their ugly heads).
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Old 08-04-2008, 07:04 PM   #32
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Our policy is on the wiki:
https://www.mobileread.com/copyright.html

It is also briefly explained whenever anyone attempts a book upload.
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Old 08-04-2008, 07:22 PM   #33
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Let's use an example that's not going to happen, but might get the point across.

If I gave you a loaded gun and told you not to use it to shoot anyone and you did, I would get in trouble for having given you a loaded gun.

if we left the links here knowing that they linked to a copyright violation or something else illegal, we'd be doing the same sort of thing as handing someone a loaded gun.
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Old 08-04-2008, 07:43 PM   #34
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Quote:
Originally Posted by Nate the great View Post
Well, no.

We left this thread open so when the revolution comes, we'll know who goes up against the wall.
LOL!!!!
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Old 08-04-2008, 08:24 PM   #35
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Quote:
Originally Posted by JSWolf View Post
Let's use an example that's not going to happen, but might get the point across.

If I gave you a loaded gun and told you not to use it to shoot anyone and you did, I would get in trouble for having given you a loaded gun.

if we left the links here knowing that they linked to a copyright violation or something else illegal, we'd be doing the same sort of thing as handing someone a loaded gun.

I could be wrong but I am pretty sure that The Protection of Lawful Commerce in Arms Act means that you will not be held liable for what someone else does with the gun that you gave them.

The Protection of Lawful Commerce in Arms Act was passed by the U.S. Senate on July 29, 2005, by a vote of 65-31. On October 20, 2005, it was passed by the House of Representatives 283-144. It was signed into law on October 26, 2005, by President Bush and became Public Law 108-73.

The purpose of the act is to prevent firearms manufacturers and dealers from being held liable for crimes committed with their products. However, both manufacturers and dealers can still be held liable for damages resulting from defective products, breach of contract, criminal misconduct, and other actions for which they are directly responsible.

A similar measure had been rejected by the Senate on March 2, 2004, after being combined with an extension to the assault weapons ban into a single piece of legislation.

The final bill passed only after an amendment was added which mandated safety locks on handguns and after the assault weapons ban renewal was prevented from being added onto the bill.

Using your logic I would be held liable if I lent someone my car and then that person ran someone over.
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Old 08-05-2008, 02:44 AM   #36
HarryT
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To clarify; it is, and always has been, MobileRead's policy that we neither condone nor support illegal activities. Although we obviously have no control over illegal content on other sites, links to such sites are not permitted on MR. That was the reason for the removal of this link.
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Old 08-05-2008, 02:56 AM   #37
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Harry, how did you know it was illegal content? Really, I just want to know.
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Old 08-05-2008, 03:16 AM   #38
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I saw the original link before it was deleted. The latest download links (via Rapidshare) that were posted there:

- Hacker Disassembling Uncovered / A-List Publishing
- Google Hacks: Tips & Tools for Finding and Using the World's Information / O'Reilly
- Wireless Hacks: Tips & Tools for Building, Extending, and Securing Your Network / O'Reilly
- Whiskey & Spirits For Dummies / For Dummies
- Rules to Break and Laws to Follow: How Your Business Can Beat the Crisis of Short-Termism / Wiley

It's easy to tell the legality status of these downloads. HarryT's decision was correct.
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Old 08-05-2008, 05:36 AM   #39
Sparrow
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Quote:
Originally Posted by Nate the great View Post
... The servers this site is on are in Canada.
Does this mean it is Canadian law that determines what is legal on MR?
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Old 08-05-2008, 05:38 AM   #40
HarryT
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To clarify - we have two servers; the main one in Canada, and a subsidiery one in the US. We can therefore handle books in the public domain both in Canada and in the US. The main server is in Canada, and therefore Canadian law is the applicable one, yes.
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Old 08-05-2008, 02:44 PM   #41
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Does this mean it is Canadian law that determines what is legal on MR?
Correct, for the forum and wiki and news. For eBook uploads see Harry's comment.

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Old 08-11-2008, 02:40 PM   #42
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Quote:
Originally Posted by Nate the great View Post
We don't have to worry about the USA DMCA. The servers this site is on are in Canada.
But...

Quote:
Originally Posted by HarryT View Post
To clarify - we have two servers; the main one in Canada, and a subsidiery [sic] one in the US. We can therefore handle books in the public domain both in Canada and in the US. The main server is in Canada, and therefore Canadian law is the applicable one, yes.
I'm not sure I agree with the last statement there. With a subsidiary server located in the US hosting links to posted e-books, I think it would at least be prudent to conform to the DMCA by having a formal takedown policy.

(This is not intended as legal advice; just a suggestion!)
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Old 08-11-2008, 02:42 PM   #43
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Old 08-11-2008, 02:54 PM   #44
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I do not understand the quibbles here.

Mobile Read - absolutely justly since after all there are tons of illegal sites out there, why be one extra and get tagged as such, when you can try stay legit and contribute to the debate - has this policy and it applies to links on its forums which it has all the rights to remove - personally I would add a coda that if a link contains rapidshare, or similar upload sites it should be nuked on general principles without wasting time to look at it...

There is no right to post on Mobile Read, it is a privilege and it should be nurtured not abused...
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Old 08-11-2008, 06:37 PM   #45
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Quote:
Originally Posted by Liviu_5 View Post
I do not understand the quibbles here.

Mobile Read - absolutely justly since after all there are tons of illegal sites out there, why be one extra and get tagged as such, when you can try stay legit and contribute to the debate - has this policy and it applies to links on its forums which it has all the rights to remove - personally I would add a coda that if a link contains rapidshare, or similar upload sites it should be nuked on general principles without wasting time to look at it...

There is no right to post on Mobile Read, it is a privilege and it should be nurtured not abused...
I'm not quibbling, and few if any are in this thread. The policies here are fine and appropriate. My suggestion (repeated because apparently MR has at least one server in the US hosting this site) is simply to comply with the DMCA by adding a formal takedown policy to better protect MobileRead. The policy, although admirable, is not sufficient to comply with this safe harbor act in the US. (I'm not sure, but I suspect the argument above that "We don't have to worry about the DMCA because we're in Canada" goes out the window once you realize that one of the servers is in the US.)
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