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An Ethical Question Regarding Ebooks
tytso writes "Suppose there is a book that you want to read on your ebook reader, but it is out of print (so even if you purchase the dead-tree version of the book used, the author won't receive any royalties) and the publisher has refused to make it available as an ebook. You can buy it from Amazon as a used book, but that isn't your preferred medium. It is available on the internet as a pirated etext, however. This blog post outlines a few possibilities, and then asks, 'What is the right thing to do? And why?' I'm also curious if the answers change depending on whether you are a Baby Boomer, or a Gen X, Gen Y, etc. — I've noticed that attitudes around copyright seem to change depending on whether someone is a college student or a recent college graduate, versus someone who can remember a time when the Internet did not exist."
The most obviously moral/practical solution in my opinion would be to order the text used from Amazon and then read the pirated electronic version.
Fix the stupid laws that make this kind of thing ever come up. But this is rather impractical and takes forever, so in the meantime just do whatever.
Gen Y here, I think if you can't buy it new at all, then there is no reason not to read a "questionable" e-version. If you can buy it, even if you can't buy an e-version, then I say you should pay for a legit copy, but then you can read the e-version.
I don't understand here.
You're questioning the morality over paying Amazon to deliver an out of print book in paper form versus paying nothing for the same book in ebook format?
You do realize in both ways, the creator gets nothing. So where exactly is the problem?
I'm god, but it's a bit of a drag really...
Seriously. Who cares? This is about an ethical question, which most of us care about rather than "is this illegal". Like most sane people they want the money they spend on the book to go to the author and to read it in an electronic format.
Taxation is legalized theft, no more, no less.
In cases like this, the correct thing to do would have the book in question fall immediately into the Public Domain.
That is, if we had IP laws that were set up to promote the progress of the useful arts as opposed to being set up in a way so as to make a few wealthy companies even wealthier.
Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries
IANAL, but it seems to me that the key condition here is: 'To promote the Progress of Science and useful Arts'. Once the copyright or patent holder ceases publishing, licensing, or producing the work or invention, progress has ceased. And so should the term of this right.
Have gnu, will travel.
Boomer: I agree.
Copyright law got royally screwed up a few years ago. Now its principle purpose is to protect corporations from loss of perpetual profits, which is damn close to the antithesis of its original purpose (protecting the actual creator of a work from being screwed by marketeers).
Until there is a US Congress with the guts and brains to rewrite copyright law in keeping with its original intent, there is a strong Thoreau-ish argument that violating this law, in those manifold instances where it provides no benefit at all to any individual, is an expression of patriotic civil disobedience.
Go make your e-copy for yourself, or acquire one through whatever means you can find, knowing that you are not harming any individual. If you share that e-copy with friends or anonymous acquaintances, you are going a step further in limiting, to some small degree, the culture of corporate greed that has been allowed to wreck the USA economy in eight short years.
How about contacting the copyright holder and getting permission to create/publish the e-book ethically?
Copyright is an entirely unnatural "right" to restrict others' freedom. I say it has no basis in rationality (it could have, except that it doesn't seem to have actually helped to promote any sort of useful progress), so the only link from copyright to ethics is the rather tenuous link between legality and ethics.
I agree. Strictly speaking I think copyright is a good idea. It gives the creator (directly or by proxy) an incentive to create by allowing them to treat their creations as if they're physical property. Part of this power should allow them to control how many copies of their creative work are available during the time that they hold their monopoly. It could be that it's more valuable to them if they restrict the available copies, such as by declaring that only 2000 will ever be made available, and selling them at a high price. By deciding to infringe the copyright and make additional copies illegally before the copyright term has expired, it diminishes the ability of the author to use copyright law to its full potential.
The problem here, though, is that copyright is supposed to expire so that everyone finally gets the benefit of newly created works, yet it effectively never does! "Temporary" monopolistic rights to information should not be something that grandchildren or great grandchildren get to inherit.
If copyright terms were pulled back to something sane, such as 10 or 15 years, and required the author to demonstrate an active interest in maintaining the copyright (rather than anonymously disappearing and being unable to be tracked down), there would be far less incentive to make illegal copies because everyone would know they could simply wait. Members of society who saw the work being created and who supported the law that provided the incentive for it to be created would actually stand a chance of being around to fully benefit from it when it finally entered the public domain. Obviously it would reduce the ability for a creator (or content owner) to make extra money, but at least the whole thing would be above board and clear from the start. I'm sure that pulling back copyright terms in this day and age would spark complaints from some creators and it might even cause a few publishers to go out of business, but we'd actually have an opportunity to see if less content was actually being created, and I don't personally think there would be much change. As with everything else, the industry would adapt to the new conditions, and people would still figure out ways to keep making money. Even works that are well out of copyright still make money for publishing companies today.
As copyright terms are stupidly long today and showing no signs of being prevented from being extended further, I don't personally have an ethical problem with infringing copyright on certain works. This is especially the case if the works are no longer in print, and have been out of print for a reasonable length of time (at least several years), and which the creator or owner is unavailable for giving or denying permission to make more. (In cases where publishers own rights to massive amounts of IP, I also don't have much respect for standard template "no you can't because we can't be bothered with the admin" answers, either.
you DO know that this violates copyright law, right ?
you have no right to reproduce a copyrighted work without reproduction rights from the author.
format shifting for personal use is legal.
Do you even lift?
These aren't the 'roids you're looking for.
exactly. we need to shape our laws to conform with our sense of ethics, not shape our ethics to conform with our existing laws.
i think this is a very interesting moral dilemma.
since the book is out of print, there's really no way of paying the author/publisher for a copy of the text. even if you buy a book used, the copyright holder doesn't see a cent of it. it's not like if the used book store sells out of their stock they'll order another shipment of that text from the publisher.
legally you'd be violating the author or publisher's copyright. but your decision won't make a difference to anyone except you and the used book salesman if you decide to buy a used copy. however, there's no ethical obligation for you to purchase your copy of the text from the used books salesman on Amazon.
personally, i don't see anything wrong with downloading a pirated copy in this situation, just seed the torrent until you have at least a 1:1 ratio. you're not hurting anyone financially or otherwise. but if you really want to support the author, you can look up his address or PO Box and mail him some money.
How about contacting the copyright holder and getting permission to create/publish the e-book ethically?
The more rational thing would be for the copyright owner to have to explain why they weren't printing the book and still wished to exercise their copyright.
Upon a proper challenge, the copyright should expire after a few years if they are failing to actually print or offer the copyrighted material for sale.
The laws don't define ethics, and they are irrational,they provide undue favor to authors, and undue discrimination against the consumers.
What you say is completely reasonable, ought to be true, used to be true in the U.S., and still partly is, but unfortunately the DMCA screwed it up. Circumventing a technological measure meant to prevent copying is now illegal in and of itself, even if your use of the copy is completely innocent under copyright law. Commercial DVDs and most proprietary ebook formats have encryption measures that invoke this legal "protection". (I am not a lawyer and this may be an oversimplification. The DMCA does provide some exemptions to the anti-circumvention clauses but overall the consumer seems to get screwed over pretty well.)
Piracy would have to be an unethical practice to begin with.
An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
By downloading the pirated ebook, aren't you reducing the general market for the used book? So even though you're not necessarily going to purchase a specific copy from a specific used bookseller, in principle you're weakening his market. Why is that any less wrong than diluting the original creator/publisher's market by illegally duplicating a book that's still in print? Used bookstores are extremely valuable parts of our commercial landscape, IMO.
(not judging/flaming you, I agree: it's an interesting moral dilemma).
This is a bit of 'if a tree falls , and there is no one around to hear it , does it make a sound'
In law ,if no-one knows you killed someone , then you didn't.Until someone finds out you did.
(Innocent until prooven guilty).
Slipping shoelaces ?