Re: The Seven Types Of Pirate

From: "Richard Fuller" 

Starting at the end:

'>it's a very large and confusing issue. Richard'

;-)  God, yes, you've got that right. And there are two separate parts that are always confused. One is th e argument about what should be the present and future, and the other is the attempts to write new legislation now. Twisted in with all this is a lot of incomprehension in many directions about readers, industry and political reality.

>
>...... Lets say that I have all ten books in a given series. I discover that all ten of those books are in ebook format. It doesn't matter which format. Obviously I wouldn't download a format my equipment didn't support. I discover that it's much more convenient to keep the ebook copies than it is the hardbooks. Let's say then that I give my hardbook copies away, keeping only the ebooks. Suddenly, my backup or archival copies aren't backups or archives....they are my sole copy. Now, if I understand correctly, I'm not a pirate. The author and publisher have
> both been paid.

If you have downloaded those ecopies without paying for them according to the terms of the publisher, then strictly you are in breach of copyright law. Realistically, few people will break into a sweat over your having them, BUT in downloading illegally (if that is what you have done) you have given power to the piracy movement. And a lot of people DO break into a sweat about that.
 
>But, for what kind of time frame are we talking about here?

There is no time frame.

>for instance, I suffer a hard drive crash and all of a sudden my primary ebook copy is gone. Am I a pirate if I download another copy? 

Yes, if you mean illegally from a person or site not authorised under copyright law by the copyright holder to offer them.

>How long do I have to retrieve a copy? 

Unless the terms of the original contract with the legal supplier permits it you may not retrieve a copy.

 > I purchased a hard back copy of a book 12 years ago. ...Can I legitimately download a replacement copy? 

Sympathies, but tough. All you bought was that copy in that format. It is then your property, and your responsibility to take care of it. If the loss is insured, then you have the money to replace it legally. I cannot think of any product where the purchase contract entitles you to replacement because you have been careless or unfortunate - though some marketing offers may state 'unconditional' replacement. [If that is not in the contract you can't enforce that advertised offer, though you might get them fined for misleading advertising.]

Richard, you give me the opportunity to point out that there is a contract involved in purchasing. At heart any purchasing contract is that described in the various laws that pertain to it. But one rarely thinks about it for most purchases. In books and other IP it is entirely within the power of the copyright owner to determine the nature of the book sale contract, and no one else. Unless licenced by contract by the owner, no person or organisation has any right to make any sort of copy or derivative work. [All that within the framework of civil law, of course.]

It is because there is this other body of law involved that there is yet further confusion. Under current law, international IP agreements and Berne Convention the copyright owner has total legal control of the method of issue of all and any copies of their own works (only their own works). Permissions to publishers are by negotiated and signed contracts.

You illustrate the main confusion i n the digitial arena. As in any area of life, just because it is possible to do so does NOT mean any act is permitted. Assuming one accepts the vital need for law to maintain the fabric of a secure society, writers and publishers are no less entitled to respect for their rights than any other person or body.

Joseph

Joseph Harris is Smile Poet
Mailing list [email protected]
http://smilepoet.com     [email protected]


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