eBook fair use law/ethics

[bryus]

Ok, here is an legal/ethical question for you all. You own a hard/soft cover copy of a book. However, you see an illegal copy of it online in eBook format.

Is it fair use for you to read the eBook copy because you own the paper copy? Is this legal and/or ethical?

[Edlin]

Legal, depending on your countries laws, most probally no.
Moral... well I visit a place where i read a lot of new releases and old books, all for free, and without even owning a copy of it myself. The library of course.
I believe it is fair use (morally that is- the law could be anything ... I think 10% of a text only is covered by fair use under most places' laws) to have an electronic copy of a book you have a hard copy of. And its a lot easier to download a copy than to scan it myself which I would do otherwise.
I`ve also read titles by unknown to me authours, that I wouldnt of taken a risk on buying, via electronic books & real libraries, and then gone & purchased.

[exiii]

First of all, law and ethics don't always coincide. Go ask your attorney.

And according to one magazine I subscribe to, "No part of this work may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system, except as expressly permitted in writing by ESRI."

Incidentally, I just broke their copyright claim by rewriting the paragraph above WITHOUT THEIR WRITTEN PERMISSION. I don't think they'll sue me though - what would be their net benefit? They might loose a customer.

I'm almost sure it IS against the law to download an ebook EVEN IF I own a paper copy of that same book. I wouldn't feel any guilt in doing so though. And as long as I'm not distributing the book, I feel pretty comfortable in guessing that most publishers would not see any benefit in going after me for, or even care if I were, downloading an electronic copy of a book I already own.

I wouldn't want to be the guy distributing the books though when the publisher/writer catches on.

[LanMan]

I agree with Edlin, and wish that the libraries would begin "loaning" ebooks in PDA format with all of their material instead of a smattering here or there.

[Reggie]

I would think it would be legal if you have the means to create an electronic copy from a paper copy. It only becomes illegal if you distribute/sell it to someone who doesn't own a paper copy of the book.

Of course this is just my opinion.

What about the other way around, printing a whole book from an electronic copy? ;)

[exiii]

I'll go to copyright.gov (or whatever it is) sometime today. But the notice I listed above indicates that even the act of copying (electronic or photo) violates their copyright.

What about the other way around, printing a whole book from an electronic copy?I no that the microsoft reader (for PC) does not have a print option. I can't remember exactly with adobe's acrobat ebook reader, but I think it was a crippled version of acrobat that had print disabled. That may give some indication.

Bottom Line: anyone protecting their assets (whether it's an online retailer, a book publisher, or a returns department) will always take the hard line in their documentation. But none of them want the publicity or hassle of arguing with a once happy customer or client. So what they do and say are often different.

Heh heh. I just found some free DVD backup software. It seemed to rip the DVD fine (one I own, of course), but I killed the DVD-R while burning it - I'll have to try again after work. Same sort of issue, no?

[Omnitron]

I don't mind paying for works --- I do mind having to pay for works OVER AND OVER again. To me that is what fair use is all about. Just because a medium is cheaply made or fragile (or both), shouldn't mean I have to repurchase it every time it gets scratched, wrinkled,etc. I like making backups. Not of EVERYTHING, but of that which I know I like, and will use again.

As to the original ebook question - I'd avoid the ebook because there is no guarantee it is what it Says it is. It could be a chapter posing as a book , some lame parody there of, an altered version, or a law enforcement sting operation. ANY way - you lose.

Especially when it comes to books originally purchased in paper form - I doubt ownership of that would give you rights to an electronic form. They are substantially different in some contexts. Music files might be different. If I found an old tune on the net I do have as a 45, I might get it BECAUSE I still have the 45. The encoded music file would be more or less identical to that which I'd get encoding the 45 - assuming I had the capability.

Doing backup copies DVDS and Game disks should be an accepted practice -- Have you ever looked at how some kids handle disks? (It is a miracle the disks work after a week or so of that punishment.) With some DVDs on limited one-time releases, this is a BIG concern.

I avoid all CDs that are labeled as being computer-sensitive, unrippable, or having some copy protection on them. Any artist using those I simply forget about and go elsewhere. To me - they no longer want my business...

Copyright holders should protect their investment and property. But they shouldn't at the expense of fair use, nor should they automatically assume that people are stealing their stuff...

[bryus]

Originally posted by Omnitron
Copyright holders should protect their investment and property. But they shouldn't at the expense of fair use, nor should they automatically assume that people are stealing their stuff...

Excellent Point. Yes, I should be able to use it as long as I don't share it. Stop treating me like a criminal because someone else is.

[samantha51875]

Yes!! I agree about not wanting to buy CDs that I can't make copies of. I recently bought a Sony CD with Labelgate 2 protection on it. I have an iPod that I use to listen to all my CDs now. I've tried (unsuccessfully) to get this album on my iPod. I don't think I've even listened to it because I can't. I'm quite irritated by this. I will not buy any more Sony CDs with Labelgate 2 until there's a time when I can copy the music.

Actually, their handling of this makes me feel like I want to use illegal methods to obtain music. If I do obtain it illegally, I can definitely get it on my iPod. So, in some ways their policies have a reverse affect. And the people who are going to pirate stuff are still going to find ways to do it!

I work for a publishing company, and something I've learned is that (at least where audio is concerned), you have the right to make one backup copy for your own use as long as you don't distribute it or alter the material.