ConvertLIT - is it now legal to use in the US?

[Alexander Turcic]

The Copyright Office has recently published various exceptions to the stringent Digital Millennium Copyright Act, of which especially exception #4 seems of relevance to us:

4. Literary works distributed in ebook format when all existing ebook editions of the work (including digital text editions made available by authorized entities) contain access controls that prevent the enabling either of the book’s read-aloud function or of screen readers that render the text into a specialized format.

I am not a lawyer, but the way I read this is that you may now be allowed to circumvent the access controls on e-books that don't have a "real-aloud" function or that don't work on your particular e-reader device. Any comments?

Thanks to Moonraker for the news!

[rlauzon]

Originally Posted by Alexander Turcic

I am not a lawyer, but the way I read this is that you may now be allowed to circumvent the access controls on e-books that don't have a "real-aloud" function or that don't work on your particular e-reader device. Any comments?

That's how I would read it. Of course, I also read the "fair use" part of Copyright law as saying that we could do that already.

Unfortunately, I believe that the first company that produces a program that, say, de-LITs an eBook and then reads it aloud, is probably going to get sued by Microsoft, who will drag the case out for years, bleeding that company dry, then dropping the case before the judge declares that Microsoft is wrong.

[CommanderROR]

sounds good to me...although I must admit that I don't know how that is handled by German Law...

[slayda]

Originally Posted by rlauzon

That's how I would read it. Of course, I also read the "fair use" part of Copyright law as saying that we could do that already.

Unfortunately, I believe that the first company that produces a program that, say, de-LITs an eBook and then reads it aloud, is probably going to get sued by Microsoft, who will drag the case out for years, bleeding that company dry, then dropping the case before the judge declares that Microsoft is wrong.

rlauzon, you're sooo optimistic but most probably correct. I keep reminding myself that Murphy was also an optimist.

[gadgetguru]

So if even only one edition can be 'read' then it would be illegal to circumvent it... eg. It is available on Audible then you can't invoke the exemption...

Maybe you can then invoke the 'specialized format' clause but for what? Braille?

That's how I see it...

[Steven Lyle Jordan]

Originally Posted by Alexander Turcic

I am not a lawyer, but the way I read this is that you may now be allowed to circumvent the access controls on e-books that don't have a "real-aloud" function or that don't work on your particular e-reader device.

I agree with your interpretation. Of course, the fact that the word "noninfringing" is in the exceptions text suggests that there is still room to argue what is considered infringing and what isn't.

Always with the legalese...

[RWood]

So if there was an add-in program for one of our ebook readers that could be configured to produce audio from the text file it would be against the law. In short, as long as I do not install Dragon or ViaVoice on the tablet PC and have it read books to me I should be safe.

[scotty1024]

Audible.com isn't an "ebook" its a "book on tape".

And the rule is only effective for 3 years.

"Non infringing use" generally means you can't make money off it. This exemption is for NGO's to make ebooks available for the blind.