Re: Re: What kind of pirate am I?

Kirk McElhearn <[email protected]>
Newsgroups gmane.culture.literature.ebook-community
Message-ID <[email protected]>
On Oct 15, 2010, at 2:05 PM, Mary E Tyler wrote:

>> Format shifting is
>>> allowed just as time shifting is allowed.
>> 
>> Again I disagree, and would like to see the the facts about where  
>> the permission for it comes from. I should have asked Brenna the  
>> same thing.
>> 
> 
> This is a really old decision here in the US. It may not be so in the  
> UK, but I believe that format shifting comes from the old betamax  
> decision. It's been the law of the land for most of my lifetime. IIRC,  
> format shifting was affirmed within the last decade or so.
> 
>> Personal uses have far more
>>> leeway than commercial, especially when they are truly personal. Yes,
>>> I CAN rip my tapes/CDs to MP3s and OCR my books to ebook.
>> 
>> I am not discussing non-book publishing, but please again what is  
>> the actual nature of the permission to OCR?
> 
> I don't believe that it has been litigated, but I would think that  
> it's format shifting: paper to ebook. A lot of things never get  
> litigated b/c people think they cannot win.

Time shifting has _nothing_ to do with format shifting. Cracking an ebook is currently, in the US, a violation of the DMCA. The Library of Congress has made limited exceptions for this, but which do not cover individuals.


Kirk

*Author of Take Control of iTunes 10: The FAQ*
http://www.mcelhearn.com/itunes
Twitter: @mcelhearn








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