Re: The Seven Types Of Pirate

From: "Lee Passey" 
> On Thu, October 14, 2010 2:50 pm, Richard Fuller wrote:
> 
> [snip]
> 
>> 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.
> 
> Let's see, have you robbed or committed illegal violence at sea or on the
> shores of the sea? Raped, murdered, pillaged or plundered, returning to a
> ship? If not, then you're not a pirate.
> 
> Have you infringed a copyright? Probably, but it's a close question.
> 
> The first thing you need to know is that copyright infringement is not
> like theft, so the fact that the author and/or publisher have been paid is
> irrelevant to the offense.
> 
> In the United States (I am not qualified to speak for other
> jurisdictions), the copyright act gives an author the exclusive right to
> make copies of original works of authorship. A author can delegate those
> rights to anyone she or he desires, upon any condition s/he wants. This
> artificial monopoly on making copies is, at first blush, absolute and
> unconditional.
<snip>

Lee,

I have  to say that I agree with over 80% of what you have written, and the bits I have some worry about have been batted about often enough. 

I would agree very much about list posts. Just as letters in newspapers remain individually the copyright of that individual. The newspaper as a whole is the copyright of the newspaper. So the whole content of the list is the copyright of the list owner, who effectively publishes them, but for the list owner to make a book of them might well require the permission of every contributor. That depends on whether format shift can be claimed ;-).

I think, as with newspapers and letters, offering a post on a list effectively gives a permission to publish it, and probably there is an argument for other permissions being included, such as copying them [to archives for example] in what may seem non obvious ways.

Joseph


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