E-Book Lending Stands Up To Corporate Mongering
phmadore writes "Publishing Perspectives is talking today about the rise of e-book lending, which, one would hope, will lead to a rise in questioning exactly how far one's digital rights extend. Although the articles are mostly talking about the authorized lending programs through Kindle and Nook ('The mechanics are simple: ebook owners sign up and list books that they want to allow others to borrow. When someone borrows one of the ebooks you have listed, you earn a credit. Credits can also be purchased for as little as $1.99 from eBook Fling'), we have to ask ourselves why we are suddenly paying publishers more for less. In the case of iBooks, you can't even transfer your books to another device, let alone another user, but then at least the prices are somewhat controlled. In the case of sites like BooksOnBoard, you've got ridiculously out-of-control prices with a greatly decreased cost of delivery. It's not all bad, don't get me wrong; Kobo offers competitive prices that never leave me feeling ripped off or stuck with an inferior product. Still, I can't help but think: digital rights management, sure! Where are my rights, as a consumer, and who is managing them? I wouldn't mind selling the rights back to the publisher or store for in-store credit; I also wouldn't be terribly bothered if they got a reasonable cut off the resale of the product to someone else. What I won't like is if they never allow it or continue to make it impossible for me to sell what's rightfully mine."
If it's not available in any of those standards, then the eBook is as worthless as DRM-hampered MP3s purchased digitally. If you can't purchase your eBook in one of the aforementioned formats, do yourself a huge favor and go to your local bookstore, and purchase it in paperback. That way you can keep it indefinitely, sell it, trade it, lend it to friends, and so forth. It's about time for companies to stop proactively treating their customers like criminals and thieves. Vote with your wallet.
And that is why the Free Software Foundation insists on calling this technology "Digital Restrictions Management (http://www.defectivebydesign.org/what_is_drm): it points out that this is meant to keep YOU, the paying customer, from doing useful things with the stuff you buy.
Carousel is a lie!
That their out-of-print books from the 60s, 70s, and 80s, that are currently making them ZERO money, could be sold for $2-$5 as pdfs. There are hundreds of books that I would like to buy, but since they are out of print (and weren't cheap to begin with and had small print runs), they cost in the rage of $70+. This means that I simply don't buy them. This means that no one makes money of my desire to own these books. What a waste.
Much like music before it, publishers can't decide if books are personal or intellectual property. If they are personal property, then you should be able to do with it what you want after you purchase it. Put it on any device. Share your ONE copy as you want. Sell it when you are done etc. If a book is intellectual property and you only have a license to the content, then the form of the content takes should be provided to the license holder at cost. Say I buy a license to Rush, 2112, a favorite album of mine. I should be able to get an MP3 version for the cost of transmitting it to me. I should be able to get a CD, LP, cassette, 8 track or whatever new format is available whenever and as often as I want one for the cost reproduction and delivery. If books are intellectual property, then I should be able to get a nook, kindle, mobi, pdf, word doc, and any other digital version for the pennies it would cost to deliver it to me and printed versions should be made available at printing cost + shipping once I've purchased a license. The caveat for IP is that I cannot share it with anyone ever.
As it is now, they want the best of both worlds. They sell me a license to the content and give me no credit for that license if I want to put that content on some other device I own. Buying a printed version in the IP world should essentially mean I get free digital versions of that product for life. Same with music. I promise you that if you sold Harper Collins a piece of software and they lost the hard drive it was on, they'd insist that you let them install it on another computer. Why are we not treated the same way?
It is called Google.
They cost as much or sometimes more than the printed copy, are badly edited/proofread and the software for reading them has issues with formatting, they are DRM'ed, and the rules for lending and/or reselling them (when that is even possible) are restrictive and draconian..
Fact is, e-books are an outrageous scam, by any measure. Far more so than the music and movie industry, the book industry figured out how to fleece its customers more, so much more.
That said, they do save paper. I own a kindle, but I am still trying to figure out how much money I want to give amazon. I am petitioning my favorite authors to directly publish, hopefully cheaper..
From Apple's iBooks FAQ:
Can I copy my books onto other computers or devices?
Books downloaded from the iBookstore can be placed on up to five computers you own that you’ve authorized with your iTunes Store account. You can sync your books to all iPads, iPhones, and iPod touches you own.1 Audiobooks, PDF files, and ePub files you've added to iTunes will appear in Books under Library. To sync Books to your device, connect it to your computer using the cable it came with. In iTunes, select your device then click the Books tab. Choose the books you would like to read on your device then press Sync. Books will sync to iPad, iPhone, and iPod touch even if iBooks is not installed; to read synced books, download iBooks from the App Store.
Note: Samples downloaded from the iBookstore will not sync to your computer. They remain on your device and can be removed using iBooks. http://support.apple.com/kb/HT4059
But even were there no technical issues, the DRM makes it a non-starter for me. I've had /.ers beat me up about my opinion on this subject. Still, it doesn't fix the "rub". When the distributors can reach out and remove books remotely (as Amazon has already done), or restrict what one can do with them, or charge for lending, or provide no mechanism to buy anonymously, etc, I'm just not interested.
PS: if you tell me that the distributors promise not to delete books remotely again, you are then telling me that you trust large corporations to keep their word.
While mentioning the FSF, it's also worth pointing out Richard Stallman's old "science fiction" story, _The Right to Read_
http://www.gnu.org/philosophy/right-to-read.html
It's worth checking in with it every few years to see how close we've gotten to that particular dystopia.
You can get a hardback AND get a digital copy of not only that book, but most of the other books by the same author, if you buy from Baen. Not for all of their authors, and not for all of their books, but certainly for Weber, Ringo, Flint and Steve White - see http://baencd.thefifthimperium.com/ for a full listing of the CDs.
They also have a very extensive free library with eBooks. Their eBooks are published free of DRM and in different formats. Seriously, I can't recommend them enough, in the face of what the larger publishers are doing. If you buy from anywhere - make it from them. Oh, did you know they also have a CD published with a selection from the Gutenberg site (as a coproduction with the site)? Really, great publishers in that respect.
Therefore, by the (faulty) logic you're using, you're just a cow with a keyboard - osu-neko (2604)
The Lend-Me system form Barnes and Noble, and Kindle's equivalent are designed to make an eBook more like a paper book, namely, you have a copy that is yours to keep, lend, trade, re-sell. When you lend your copy, you don't have it to read, just like a real book. If you sell your copy, it does not remain on your device, just like a real book.
It uses the Adobe Digital Editions DRM scheme, which attempts to objectify a digital file, (giving it properties as if it were a physical object).
Its a reasonable solution, which if done correctly would have served both user and publishers well, allowing unlimited serial lending, gifting, selling and book banking of ebooks.
Unfortunately, the restrictions imposed by the publishing industry prevent these systems from being used to their fullest potential, and actually work against their best interests. (To say nothing of the interests of the customers).
They limit lending to once per book. Even after the borrower returns it, you can never lend it again.
They limit lending to 14 days. I've got lots to read, 14 days is not enough.
They prohibit gifting or resale.
Had they used this as it was originally designed, unlimited serial lending, request return of lent books, permanent transfer to a new owner (sale/gift) it would have actually increased the value of ebooks, justifying higher prices.
Instead, the lock-down just encourages stripping of DRM, and once that is done, the book is in the wind.
Thieves will always be Thieves. There will always be traffic in stolen digital items, just as there are in stolen physical items. Black markets will always exist, just as illegal knock offs of physical items will always be sold.
But the restrictions imposed by publishers mean there can be no LEGITIMATE market in digital items. You can never legally trade or sell your possessions. Someday this will have to be decided in court. In the mean time publishers aren't trying too hard to punish DRM stripping because they know that the imposition of such rights-robbing DRM is probably illegal and they do not WANT this decided in court.
Amazon makes a market in used books. Why not make a market in used ebooks?
Sig Battery depleted. Reverting to safe mode.
A book is personal property that contains intellectual property. Possession of it as personal property implies a license to access it as intellectual property. You have a right to sell it as personal property, and with that the same license you had, but not to sell the intellectual property, that is the right to create more licenses.
When you copy it electronically, you are diluting its value as intellectual property, and eliminating its value as personal property (the copy has 0 value, since you can give it away and still have exactly what you had before; meanwhile the intellectual property owner can no longer command the same price for new, licensed copies).
eBooks with DRM create a situation where the book is no longer personal property. The nook you're holding is, but the content is not. Each copy has 0 value, and the license to access it holds all the value.
And that is a contract you agree to when you purchase access to the book. If the contract states that you can subsequently transfer that copy to another, then you should value it higher and expect pay more. If it states that you can transfer a copy and keep one for yourself, then you should value it still higher and expect pay much more. If it states you can make all the copies you want, then you should value it very high and pay a lot for it, if your license is exclusive, but pay almost nothing for it if your license is not exclusive, and nothing if the intellectual property is essentially being unprotected by its original holder.
I don't see any legal conflict here. They will structure their license as they rightfully see fit, and you will either buy the book or not depending on the price.