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$200 For a Bound Textbook That You Can't Keep?

netbuzz writes: "The worst of DRM is set to infest law school casebooks. One publisher, AspenLaw, wants students to pay $200 for a bound casebook, but at the end of class they have to give it back. Aspen is touting this arrangement as a great deal because the buyer will get an electronic version and assorted online goodies once they return the actual book. But they must return the book. Law professors and the Electronic Frontier Foundation are calling it nothing but a cynical attempt to undermine used book sales, as well as the first sale doctrine that protects used bookstores and libraries."

252 comments

  1. Because they can. by Anonymous Coward · · Score: 5, Insightful

    They aren't in it to make the world a better place. They are in it for the money. And so it is perfectly logical for them to take as much as they can get.

    Vote with your wallet.

    1. Re:Because they can. by epyT-R · · Score: 5, Insightful

      yes, except most universities will go along with it and force would be students to buy the books under those conditions or not go into law. This requires more than just voting with wallets.

    2. Re:Because they can. by tysonedwards · · Score: 1

      Well, on the other hand it's not like the law is like an Android Development Textbook where the contents of said textbook will actually have any relevance next year...

      --
      Thirty four characters live here.
    3. Re:Because they can. by RDW · · Score: 3, Funny

      They aren't in it to make the world a better place. They are in it for the money. And so it is perfectly logical for them to take as much as they can get.

      The publishers, or the students aiming to become lawyers..?

    4. Re:Because they can. by GodInHell · · Score: 3, Informative

      The law school I am familiar with leaves the choice of text up to the prof. Some of them will avoid these textbooks because of the ethical challenges, some won't. Of course, my school also ran its own bookstore and probably made quite a lot of profit off reselling used books, so there's that too. On the other hand $200.00 is not very much for a law school text.

    5. Re:Because they can. by SpankiMonki · · Score: 2

      Vote with your wallet.

      Seems like my wallet doesn't cast the vote it once did - and I own a mansion and a yacht.

    6. Re:Because they can. by retchdog · · Score: 2

      and I own a mansion and a yacht.

      Huh. Maybe things are improving.

      --
      "They were pure niggers." – Noam Chomsky
    7. Re: Because they can. by Bob+Gelumph · · Score: 1

      Pfft. I've done a law degree and I rarely bought the books. When I did, I almost never read them. Still did pretty well. View with your mouse instead of your wallet, because everything's online these days.

      --
      I'm gonna need a spec.
    8. Re: Because they can. by DigiShaman · · Score: 1

      Or just as IBM Watson.

      --
      Life is not for the lazy.
    9. Re:Because they can. by Anonymous Coward · · Score: 0

      Either you are going to a different school, or you are funding a lobby that applies pressure to the government to pass laws to change this.

      Either way you are voting with your wallet.

      (Yes, you can write your politicians, protest, and/or actually vote for politicians that promise to fix this...but you will find that other complicating factors prevent this from being effective if it is your only means of political activism. Funding a lobby is what actually works).

    10. Re:Because they can. by sexconker · · Score: 4, Funny

      They aren't in it to make the world a better place. They are in it for the money. And so it is perfectly logical for them to take as much as they can get.

      The publishers, or the students aiming to become lawyers..?

      Yes.

    11. Re: Because they can. by Anonymous Coward · · Score: 1

      Where you'd get your law degree? At my law school (in the United States), if you didn't read the day's texts you got shouted out of the classroom when you tried to wing an answer to a question. And because the ABA requires you to attend 80% of all class hours, you could easily get forced out of law school that way.

      I saw one kid get yelled at because he wrote his case outline in the book, which was not an acceptable form of note taking for 1st year students. He was told not to come back to class unless he had prepared a proper outline.

    12. Re: Because they can. by Bob+Gelumph · · Score: 3, Funny

      A top Australian university.

      --
      I'm gonna need a spec.
    13. Re:Because they can. by Anonymous Coward · · Score: 1

      Shesh. Kids these days, missing the obvious Bugs Bunny reference.

    14. Re: Because they can. by Anonymous Coward · · Score: 0

      Maj. Eaton: We have top men working on it now.
      Indiana: Who?
      Maj. Eaton: Top... men.

    15. Re:Because they can. by Xicor · · Score: 1

      and most universities dont stop you from torrenting your books either.

    16. Re:Because they can. by fractoid · · Score: 2

      What are the conflict-of-interest rules for the prof? I'd imagine that the textbook company will be applying any and every legal incentive for the prof to make their book mandatory.

      --
      Rampant carbon sequestration destroyed the Dinosaurs' tropical paradise. I'm here to help repair the damage.
    17. Re:Because they can. by roc97007 · · Score: 5, Interesting

      yes, except most universities will go along with it and force would be students to buy the books under those conditions or not go into law. This requires more than just voting with wallets.

      Photocopier. And yes it may be technically illegal. But sometimes a little civil disobedience is necessary. In fact, as a law student, you could make that your thesis.

      Unbind the book, it saves time. Then re-bind the book or just hand back a stack of loose-leaf -- your choice.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    18. Re:Because they can. by hubie · · Score: 1

      I don't know how it is in law school, but professors get a free copy of the textbook(s) ("professor's or teacher's edition"), and perhaps support material. They get unsolicited texts mailed to them in hope that they'll be used in their course. Some don't give it a second thought and go with the path of least resistance. I did have a few who (younger, and closer to remembering their student days) purposely didn't use the latest edition, or didn't use one at all and pulled bits and pieces out of a number of books that were put on reserve in the library.

    19. Re: Because they can. by Bob+Gelumph · · Score: 3, Insightful

      What on earth is unethical about using online resources to study? My university has heaps of online resources for legislation, cases, journals, some text books, etc. You do realise what century it is, right?

      --
      I'm gonna need a spec.
    20. Re:Because they can. by hubie · · Score: 3, Informative

      That's because he's Elmer J. Fudd, millionaire.

    21. Re:Because they can. by mark-t · · Score: 1

      Where did you read that the digital version will be perpetually updated? That would be very worthwhile, but I don't recall reading that anywhere.

    22. Re: Because they can. by iNaya · · Score: 4, Insightful

      People like you who think we have to PAY TO DO SOMETHING are the reason why society is so fucked up.

      --
      The Unicode standard is over 20 years old. Why does Slashdot not support it?
    23. Re: Because they can. by Anonymous Coward · · Score: 0

      Then that explains it. Clearly our legal programs are significantly different. Here the book publishers have all the power because no student could get by without purchasing a copy of the book. American law school are very dissimilar to our undergraduate or graduate schools, where getting by without a book is often very practical.

    24. Re:Because they can. by ourlovecanlastforeve · · Score: 0

      I will vote with my wallet by paying with a prepaid debit card and fake credentials. And then keeping the book.

    25. Re:Because they can. by AudioEfex · · Score: 3, Insightful

      That actually leads to my question about this - what if you lose it? What if you get robbed, what if you are just forgetful and leave it somewhere, what if your dog eats it....

      There are a million things that could happen. The article makes it clear that you can mark it up, highlight it, etc. do whatever you want to it - they don't care about the condition, just want it back after. So do they charge you a penalty for not returning this obviously used item that seems destined to be destroyed? Do you have to sign a contract to do so? It seems to me that there must be some penalty there, which they would have a really hard time justifying if challenged - I mean, how much is a used, beat-up book worth?

      I also had to kind of giggle at the "lifetime access" to their digital version - I'd want that one in writing, with a refund policy, so in a few years after this doesn't work and they shut down the website, folks would have recourse.

      The whole thing is just so shady. The whole textbook business is, really. Just an industry based around exploiting those already being exploited and signing away their possible future earnings to get an education and a chance at bettering themselves starting life in debt.

      I was lucky - I went to a college that didn't really use textbooks. We had plenty of books, probably many more than the average class at most schools (8-10 books a class wasn't odd), but very few "textbooks" proper - I don't think any of my classes required one - the science or math kids may have used some workbooks, but I went to a private college that didn't believe in such things and I count myself lucky. It was also small enough that the professors and other students kind of knew who could and couldn't afford the required texts and were completely supportive of sharing, reserve shelves (in fact, just about everything was on a reserve shelf if someone really needed) and any other methods we had to use - because it's the learning that's important, stupid, LOL, not supporting various corporate profit interests.

    26. Re:Because they can. by Bushcat · · Score: 4, Informative

      In my neck of the woods, educational institutions are legally allowed to break copyright for educational purposes. So it's fine to take one book and photocopy it a bazillion times. Result is that most books are cheaper than photocopying. It also means found web assets can be incorporated into teaching materials without the hassle of clearing copyright.

    27. Re:Because they can. by rsborg · · Score: 1

      In my neck of the woods, educational institutions are legally allowed to break copyright for educational purposes. So it's fine to take one book and photocopy it a bazillion times. Result is that most books are cheaper than photocopying. It also means found web assets can be incorporated into teaching materials without the hassle of clearing copyright.

      Where is this? In the USA?

      --
      Make sure everyone's vote counts: Verified Voting
    28. Re:Because they can. by dutchwhizzman · · Score: 1

      This is intriguing. Can the web resources at least claim fair compensation, or do they get nothing in return? What if the web resource is "protected" and the educational resource has to break additional laws (hacking) to get to the content? I'm no big advocate for the current model of copyright law, but exempting educational use completely from it breaks the rest of the model and a lot of the rest of the legal system as well if you're not very careful with that. Please elaborate how this is being done.

      --
      I was promised a flying car. Where is my flying car?
    29. Re:Because they can. by BitZtream · · Score: 5, Informative

      heh, do you realize how many professors require books THEY wrote? Conflict of interest isn't high on the list of priorities to worry about.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    30. Re:Because they can. by Carewolf · · Score: 1

      Sure they are not paying a photocopying tax? At least that how they solve it where I studied. Worst thing is that most of the photocopies were already legal since it is perfectly legal to copy small parts of books and schools mostly use photocopies when they need a small part of a book.

    31. Re: Because they can. by Saint+Gerbil · · Score: 1

      Vote with your wallet?
      More like vote with your education.
      Law textbooks are required for law degrees if you want to pass you need to buy it. This makes it far worse since its a captive audience.

    32. Re:Because they can. by JaredOfEuropa · · Score: 2

      On the other hand $200.00 is not very much for a law school text.

      Not very much? Sounds like an awful lot for a book. The most I've ever paid for a college textbook (studying E.E. at a Dutch university) was about $75. I know that legal reference texts can be expensive as they often span multiple volumes (a subscription to Dutch jurisprudence can run close to 5 figures a year), but I don't see why simple textbooks for use in law school should be that expensive.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    33. Re:Because they can. by cHiphead · · Score: 1

      Voting with your wallet is not a choice, the University dictates it, and this will spread like a cancer.

      --

      This is my sig. There are many like it, but this one is mine.
    34. Re: Because they can. by laejoh · · Score: 1

      The Australian University of Hullabaloo? I know they have a Philosophy Department, am not sure about the Law Department.

    35. Re: Because they can. by Anonymous Coward · · Score: 1

      That would be Woolloomoloo, which is a real place in Australia (though I may be spelling it wrong).

      "Hullabaloo". FFS. If you want to be some kind of wiseass that thinks they're smart for making references to Monty Python, at least have SOME sort of fucking clue about what the characters are actually saying before running your mouth.

      Goddamn Yanks.

    36. Re:Because they can. by Anonymous Coward · · Score: 0

      They aren't in it to make the world a better place. They are in it for the money.

      Yes, but I don't see how they can get away with it. The article mentions that the Supreme Court has already ruled this practice illegal.

      Back in 1904, the Supreme Court ruled that a publisher could not prevent consumers from reselling legally purchased books. The Court reaffirmed this principle just last year in a case involving textbooks.

    37. Re:Because they can. by interkin3tic · · Score: 2

      I can't speak for big name schools or law schools, and this is purely anecdotal evidence. But in my experience, books written by professors who teach the class are the cheaper ones and are the only books that come close to being completely useful. Those are also the professors who are better teachers as they're invested in the course rather than just fulfilling an obligation.

    38. Re:Because they can. by Anonymous Coward · · Score: 1

      Not very much? Sounds like an awful lot for a book.

      For a book in general, yes. But GP qualified that with law school text book.

      For a car analogy, it's like one person saying $100,000 is not very much for a Lamborghini, and another person saying that seems like a lot for a car. Yes, for a car in general it would be, but not for a Lamborghini.

      I think. I don't know how much a Lamborghini actually goes for.

    39. Re: Because they can. by sillybilly · · Score: 1

      I had a college professor who said the difference between his generation and our generation is that back in the 60's and 70's they didn't let shit like this go down without a massive protest by the youth, it'd be all over tv and the news in his days, with kids going to jail over it. He said our generation no longer has a spine to stick up for what's right.

    40. Re: Because they can. by Anonymous Coward · · Score: 0

      You were implying pirating course materials and you damn well know it.

    41. Re:Because they can. by jandrese · · Score: 1

      And those are always the worst books. You know you're in trouble when you get a book and it is typeset in Computer Modern.

      --

      I read the internet for the articles.
    42. Re: Because they can. by Anonymous Coward · · Score: 0

      People like you who think we have to PAY TO DO SOMETHING are the reason why society is so fucked up.

      People like you who think they do not have to PAY FOR ANYTHING are the reason why society is so fucked up.

      And yes, that is what you are saying. Because you aren't claiming the idea of having to pay to do anything is wrong, you are claiming the idea of having to pay to do somethings is wrong. Ergo, you must be in favor of having to pay for nothing.

      But I'm willing to accept that you simply misspoke.

    43. Re: Because they can. by Bob+Gelumph · · Score: 1

      No, not at all. That's just where your mind went. I did download a copy of one lecturer's book, which he had written himself. I told him about it and gave him $20. It was for a cybercrime subject, so I only did it for the irony. I don't think I more than glanced at it to use a quote or two in an essay, surmising that the lecturer would like seeing himself quoted.

      --
      I'm gonna need a spec.
    44. Re:Because they can. by Anonymous Coward · · Score: 0

      Presumably they'll do it just like software - you don't buy the object, you purchase a license to use it. Or so says the publisher.

    45. Re:Because they can. by rahvin112 · · Score: 1

      My experience was exactly the opposite, it was easily the worst text book I've ever purchased and was utterly useless.

    46. Re:Because they can. by Reziac · · Score: 1

      That reminds me of the question I had. If they're letting you mark up the book but still want it back.... obviously the only reason is to take it out of circulation, since they can't resell it as new. Not at all like a leased car, where if you trash the interior, you'll pay damages when it's returned to the leasing company.

      Marking up a book is 'damage' not intrinsically different from unbinding it. So ... unbind it, copy it, and lose a random selection of the original pages, THEN send it back.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    47. Re:Because they can. by Anonymous Coward · · Score: 0

      you moron a lwa student cant pass his class without the textbook he is forced to buy

    48. Re:Because they can. by roc97007 · · Score: 1

      ...or bind it again with blank paper. Who would know?

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    49. Re:Because they can. by Reziac · · Score: 1

      Excellent idea! And then they can say the words disappeared as they were read, just like the publisher intended. ;)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    50. Re:Because they can. by cthulhu11 · · Score: 1

      I had one of these back in .... 1986 or so. Graph theory book was like maybe 50 pages, clearly composed on a *typewriter*. Cost $45, which was pricey at the time.

    51. Re:Because they can. by Anonymous Coward · · Score: 0

      This is interesting. I only ever had one professor require a book that he himself wrote. He was one of the world's experts in the field and his book was a standard. But instead of making us all go out and buy it, he simply photocopied the chapters that he wanted to teach and handed them out. I thought that was a neat idea.

    52. Re:Because they can. by Anonymous Coward · · Score: 0

      heh, do you realize how many professors require books THEY wrote? Conflict of interest isn't high on the list of priorities to worry about.

      Unfortunately, ethics is not a high concern for many academics.

      There are many ethical conflicts of interest affecting the US higher education system.

      The conflict of interest between research (which is rewarded by the publish or perish system) and teaching is one of the most damaging. This conflict of interest spills over into the textbook issue, since many professors don't want to spend the time needed to teach a class without the latest and greatest textbook (it cuts down into their research time).

      Unfortunately, the comparative ranking system for colleges and universities makes this problem worse, since in practice the rankings are primarily based on research.

      Some professors have the integrity to do the right thing in these situations. Many do not. I have seen departments where the majority of members did not have integrity.

      These conflicts of interest a) set a really bad example for students, b) waste the time of a lot of students (the consequence of really awful teaching), and c) increase the cost of education over both the short and long term.

      Throwing money at education in general will never fix this problem. It must be addressed directly. The culture of the academic institution must be changed to make such things unacceptable.

    53. Re:Because they can. by RockDoctor · · Score: 1

      heh, do you realize how many professors require books THEY wrote?

      I don't know about your university, but mine (and I think all in my country) banned it. Which meant that professors in subject A at university B recommended books by professors (or lecturers) at university C. Meanwhile the professors at university C recommended books from university D. D->E ; E->A. Different sequencing for different subjects, and sometimes the order would get shuffled as new books were published without any coordination (it takes years to write a decent text book).

      Many of those books are now in 4th or 5th edition, and most were of pretty good quality, because most were published through independent publishing houses, often abroad. No real complaints from me, nor really from other people in my year class.

      I've still got (and occasionally refer to) some of those text books.

      This scam, OTOH, is disgusting. Typical of land sharks in the land of corporate greed and overlordship.

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  2. only $200 for a law school book? by alen · · Score: 1

    Is this like a fatwallet hot deal ymmv?

  3. One can only hope... by DoofusOfDeath · · Score: 5, Interesting

    That this will create a generation of lawyers and judges who have a fundamental hatred of DRM.

    1. Re:One can only hope... by Jawnn · · Score: 1

      That this will create a generation of lawyers and judges who have a fundamental hatred of DRM.

      This assumes that lawyers (and the judges some of them often become) will be driven by something other than money. Sucker bet, that one.

    2. Re:One can only hope... by DoofusOfDeath · · Score: 1

      That this will create a generation of lawyers and judges who have a fundamental hatred of DRM.

      This assumes that lawyers (and the judges some of them often become) will be driven by something other than money. Sucker bet, that one.

      In the U.S., my impression is that few judges are driven by money. I hope I'm right.

    3. Re:One can only hope... by AK+Marc · · Score: 1

      Doesn't work. Most people against marijuana have tried it with no ill effects. Exposure doesn't affect future opinions. Irrational, but true.

    4. Re:One can only hope... by dltaylor · · Score: 1

      In many places judges must run for election, re-election, or, at least, confirmation (California Supreme Court, for example).

      Campaigns cost money.

      It is a bit of a tossup whether the law enforcement endorsements (any criminal court judge that has, or seeks, one is, IMO, already in a conflict of interest situation) or their money is more important, though.

    5. Re:One can only hope... by newcastlejon · · Score: 1

      In the U.S., my impression is that few judges are driven by money. I hope I'm right.

      I wonder, are there many poor judges?

      --
      If God forks the Universe every time you roll a die, he'd better have a damned good memory.
    6. Re:One can only hope... by Zordak · · Score: 1

      Judges, on average, make quite a bit less than private practice attorneys.

      --

      Today's Sesame Street was brought to you by the number e.
    7. Re:One can only hope... by Anonymous Coward · · Score: 0

      Most people against fast food have tried it with no ill effects. Exposure doesn't affect future opinions. Irrational, but true.

    8. Re:One can only hope... by Bob+the+Super+Hamste · · Score: 1

      I can only hope that the book was about cases on the first sale doctrine.

      --
      Time to offend someone
  4. Doubleplusgood! by uCallHimDrJ0NES · · Score: 5, Funny

    How will we change the past if we let these kids keep paper books, eh, comrades?

    --
    Cloudiot: A person who does not see offsite storage as a way to lose control over access to his or her own data.
    1. Re:Doubleplusgood! by Anonymous Coward · · Score: 0

      If you think the problem is communism you're too stupid to have a Slashdot account. Change your passwords to a random combination of characters and go to Whale Oil.

    2. Re:Doubleplusgood! by Anonymous Coward · · Score: 1

      So evil is Canadian?

    3. Re:Doubleplusgood! by Rhymoid · · Score: 2

      It might just be an attempt to joke about Ingsoc, you illiterate clod!

  5. Somehow fitting... by Anonymous Coward · · Score: 0

    Future lawyers, enforcers for the parasitic ruling class, getting screwed by egregious rent seeking.

    1. Re:Somehow fitting... by Anonymous Coward · · Score: 0

      Someone doesn't really get how law works.

    2. Re:Somehow fitting... by Anonymous Coward · · Score: 0

      Hmm -- yes, that is not a bad description of law school.

    3. Re:Somehow fitting... by StillAnonymous · · Score: 1

      Most people don't get how law works. It's designed that way, so that lawyers have jobs, and anyone can be considered a "perp" when it's convenient.

  6. I would be laughing... by K.+S.+Kyosuke · · Score: 5, Insightful

    I would be laughing at law students and law teachers and lawyers in general, if I didn't know they'd "recoup" that money by screwing me later.

    --
    Ezekiel 23:20
    1. Re:I would be laughing... by DocSavage64109 · · Score: 1

      I don't know why I followed the link, but it actually gives K.S. Kyosuke cred. A.C. is an idiot and giving the product he promotes a bad image.

    2. Re:I would be laughing... by Anonymous Coward · · Score: 0

      K. S. Kyosuke: You've been called out (for tossing names) & you ran "forrest" from a fair challenge http://slashdot.org/comments.p...

  7. The textbook industry... by ActionDesignStudios · · Score: 3, Informative

    I've been looking into going back to school and have gotten a more in-depth look at the academic textbook market and I can conclude it is all a big racket. The price of textbooks is already outrageous as it is -- I don't doubt that they would love to DRM all of them and have students give them back afterwards. Even after looking into the used textbook market, I couldn't find a way to save very much and the price they'll give you for a used but still in very good condition book is almost insulting. You would think we would want to make education more accessible and affordable for everyone, but between textbooks, student loans and other like scams it is a sad state of affairs.

    1. Re:The textbook industry... by tylikcat · · Score: 4, Interesting

      I keep having conversations with my students where I explain why they shouldn't pirate books, or at least should make sure that the authors are getting paid (for instance, buying a legal copy then pirating / cracking it if it has DRM to get a useful one.) ...and yet I have a lot of trouble trying to work up enthusiasm for telling them not to pirate textbooks.* Particularly problematic, as I've shown a few how to torrent. (Heck, I've shown faculty members how to torrent.)

      * As opposed to professional reference books.

    2. Re:The textbook industry... by Anonymous Coward · · Score: 0

      I will never support DRM. Buying a book that has DRM is supporting DRM, which is intolerable. I just won't read the book if if the author or the publishers support DRM.

    3. Re:The textbook industry... by tylikcat · · Score: 3, Interesting

      This was my stance for a while, though my workaround was to buy hardcopies of the book and then pirate a softcopy (mostly for reference books which I didn't want to haul around). And then I decided I didn't want to devote the space or weight to the hardcopies.

      It's not ideal, but there are too many authors whose work I really like some of whose work is under DRM. (And it's all fine to rant at the authors, but until they're really quite popular they aren't really empowered to fight this on their own.) So I am very loud about preferring non-DRM'd books, and will buy them preferentially. And I do not share non-DRM'd book I have legally purchased... and seed torrents of those I pirated. It sucks, but it's the best compromise in my specs.

    4. Re:The textbook industry... by FireFury03 · · Score: 1

      I keep having conversations with my students where I explain why they shouldn't pirate books, or at least should make sure that the authors are getting paid (for instance, buying a legal copy then pirating / cracking it if it has DRM to get a useful one.) ...and yet I have a lot of trouble trying to work up enthusiasm for telling them not to pirate textbooks.* Particularly problematic, as I've shown a few how to torrent. (Heck, I've shown faculty members how to torrent.)

      * As opposed to professional reference books.

      I'm not a big fan of copyright infringement, but I do wonder why you would pay good money for something you're going to have to break the law to use rather than just breaking the law to use it without paying first...

    5. Re:The textbook industry... by geekoid · · Score: 1

      Ethics. He ants the author t get something.
      I only assume he has never stepped foot into a library.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    6. Re:The textbook industry... by tylikcat · · Score: 1

      Last I head, the applicability of laws relating to whether transfer of medium for personal use had not been tested for ebooks. (Not, I'll admit, that I'd hold my breath for a good outcome in the current climate regarding such things.)

      The problem of course is that I do seed torrents.

    7. Re:The textbook industry... by Anonymous Coward · · Score: 0

      Ethics. He ants the author t get something.

      In the case of most textbooks, the author is a salaried employee of the textbook publisher. Particularly in the case of stuff like this, which is a collection of documents from the public domain selected by an editor and bound together, probably with a handful of notes about the importance of each one. These publishers work on a different model to standard commercial publishers, where the author is usually paid per-copy-sold.

      I only assume he has never stepped foot into a library.

      http://en.wikipedia.org/wiki/Public_Lending_Right

    8. Re:The textbook industry... by FireFury03 · · Score: 2

      Ethics. He ants the author t get something.
      I only assume he has never stepped foot into a library.

      If the author wants to get paid, they can surely produce a product that can sensibly be used without breaking the law...

    9. Re:The textbook industry... by droptone · · Score: 1

      New trend in some high level biomedical science textbooks? Not including full references in the physical book but including a code to access those references online. That's bad enough, but as you might expect if you're cynical about publishers, the code expires and often expires before a new copy of the textbook comes out. So effectively they are charging you for a temporary peak at the references which justify the claims that can be used to figure out whether those claims are true.

      --
      Every post I make begins with the assumption P=~P.
    10. Re:The textbook industry... by Anonymous Coward · · Score: 0

      lol - you cannot DRM paper books.

      DRM = Digital Rights Management - these textbooks are strictly standard copyright and first sale doctrine applies undeniably.

      Good luck enforcing that breach of first sale doctrine fucktards.

    11. Re:The textbook industry... by CrashNBrn · · Score: 1

      I used textbooks.com a few years back. Prices were 1/2 to 1/4 the MSRP on used, and you would get something like 50%+ back for a new book if you returned it at the end of the semester. Amazon used books is also decent. And you need to keep an eye out for the school's own book drive --- usually run by the student council - for good deals on next semesters books.

    12. Re:The textbook industry... by tylikcat · · Score: 1

      "He." *snork*

  8. What if you want to keep it? by Anonymous Coward · · Score: 1

    I keep all my old textbooks. It's where I originally learned the material and I can dip in now and again to refresh my memory if need be.

    1. Re:What if you want to keep it? by kyrsjo · · Score: 2

      Easy: You say you lost it. Or just don't say anything at all. I totally agree on the keeping of textbooks, as some "electronic companion" is probably quite useless compared to the book you know where to find things and have marked up.

      I think this is mainly aimed at book stores reselling professionally - they might be legally prevented from reselling this book. However, I can't see it preventing student A giving the book to student B in exchange for money. That's usually what happened at my uni anyway - I can't remember there being any "used book" section in the university book store.

    2. Re:What if you want to keep it? by The+FNP · · Score: 1

      They say that you can mark it, highlight it, etc. But unless someone is going to put bookmarks, post-its, and highlighting in the electronic text in EXACTLY the same spots as you, the electronic version is not as good of a reference item as the text that you used to learn the material in the manner that works best for you.

      --The FNP

    3. Re:What if you want to keep it? by StillAnonymous · · Score: 1

      They'll probably set it up like a video rental. If you don't return it, you get a bill for some outrageous amount in the mail.

    4. Re:What if you want to keep it? by mark-t · · Score: 1

      A rental. requires a contractual agreement before the rental commences, which usually requires your signature. They wouldn't have a legal leg to stand on if they sent you a bill for not returning it.

  9. Interesting you say that by Mr_Silver · · Score: 3, Interesting

    Whilst it might not be for everyone, here I am sitting at my PC looking at my Computer Science books (purchased between 1995 and 1998) and I don't think I've opened any of them in the past 10 years (looking at you "Unix System Programming" by Haviland and Salama, reprinted in 1994).

    If I get a DRM free digital version after the course has ended and the pricing is right, then this might actually be more useful than a pile of dead wood taking up space on my bookshelf - most of which is probably long out of date.

    --
    Avantslash - View Slashdot cleanly on your mobile phone.
    1. Re:Interesting you say that by amicusNYCL · · Score: 1

      They are forcing the students to return the books, and you think the electronic version is going to be DRM-free? Ha!

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    2. Re:Interesting you say that by vux984 · · Score: 2

      Whilst it might not be for everyone, here I am sitting at my PC looking at my Computer Science books (purchased between 1995 and 1998)

      I've referred to my calculus text several times over the years, along with my discrete and combinatorial mathematics stuff.

      For CS specifically, I've got a big white Algorithms and data structures book, "A book on C", a couple on relational databases and relational calculus, and a book on design patterns, and a book on complexity theory I've referred to.

      Sure I recently sent my "Event driven programming in Windows 95" and a book I had on Red Hat Linux (think it was for v3?) to the recyler but the majority of my actual text books I still consider valuable, especially the theoretical stuff.

  10. University is just a market anyhow by Anonymous Coward · · Score: 0

    Any pretense to "education" is laughable. Universities' #1 job is to suck money out of people's pockets by creating artificial demand for graduates.

    1. Re:University is just a market anyhow by bobbied · · Score: 4, Insightful

      I disagree that it is ALL of them trying to suck you dry. There are some out there who are interested in providing education over just taking your money. They might be hard to find, but they are out there.

      But, let's face it. With all the easily available student loans out there that are federally backed, sucking money out of students is a profitable business. The very program that makes federal loans so readily available has artificially increased the price to the point where a 4 year degree can cost a $100K. My tuition was under 5K a year some 20 plus years ago. My whole education cost under $20K for a 4 year degree. Now we are paying $25K a year, 5 times the price? Something is wrong here.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    2. Re:University is just a market anyhow by Anonymous Coward · · Score: 0

      Our entire social model is wrong. We're privatizing profit into the hands of the few and socializing the risk to the many. Same thing in real estate. It's a gigantic scam and I can't wait for it to collapse.

    3. Re:University is just a market anyhow by geekoid · · Score: 1

      That's why I am a fan of this idea:
      http://business.time.com/2013/...

      Please don't turn this into some giant ad hom against Warren, stick with the idea.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    4. Re:University is just a market anyhow by kyrsjo · · Score: 2

      Ouch!

      I paid ~200$/year for a obligatory membership of the student's union, plus rent at a student's village (1000$/month for the apartment I shared with my GF, which was almost 1/2 price of market price for an apartment in Oslo, especially given that it was in a quite nice area relatively close to the university.).

      To pay my bills, I got a loan from the Norwegian State Educational Loan Fund. This is a low-interest loan (zero interest until you graduate), where ~half of the loan for the semester is turned into a grant when you pass your exams.

      Did your tuition include housing? If so, the cost may be similar in the end - if you do everything on schedule, you would end up with ~40K in loans after 4 years. But then the price levels and probably the expected salary are quite different here.

    5. Re:University is just a market anyhow by greg1104 · · Score: 1

      $100K for a 4 year degree is a cheap school now. Take a look at college ROI charts. Top schools can easily hit people with a bill over $200K today.

    6. Re:University is just a market anyhow by gordo3000 · · Score: 1

      what are you talking about? 100k for school is still very expensive. Most public instate universities will have tuition and fees of 5-10k / year (UCF is 210/credit hour, UF is a bit more, I didn't feel like going for more schools). Cost of living varies, but in my senior year of college (within the last 10 years) I got away for about 600/month for rent, food, and beer money), so add in 6k per year in living expenses at school.

      Now of course, if you want to pay the headline cost for a super expensive private school, boo hoo. That is like complaining your ferrari is bankrupting you.

  11. This is what you get with guaranteed student loans by Joe_Dragon · · Score: 2

    If the schools / banks where on the hook for default then they will push back on stuff like this.

    maybe not the schools / teachers as some get so much per book and they put out a new edition each year or more often all the time.

    and it's not just law school.

  12. You'd think that a law publisher would by jcochran · · Score: 1

    have bothered to research the law.

    http://en.wikipedia.org/wiki/B...

    Some other publisher attempted to impose a license upon the books they sold and were slapped down over a century ago.

    1. Re:You'd think that a law publisher would by l2718 · · Score: 2

      But they don't have to sell the books. They can just lend them for a fee, and that would be perfectly legal.

    2. Re:You'd think that a law publisher would by TrancePhreak · · Score: 1

      You'd think that a law publisher would have bothered to research the law.

      Not if it's a Slashdot law book! ;)

      --

      -]Phreak Out[-
    3. Re:You'd think that a law publisher would by Obfuscant · · Score: 1

      Some other publisher attempted to impose a license upon the books they sold and were slapped down over a century ago.

      If you read the citation you provided, you'd find this information therein:

      Bobbs-Merrill Company sold a copyrighted novel, The Castaway by Hallie Erminie Rives, with the notice, "The price of this book at retail is $1 net. No dealer is licensed ..." printed immediately below the copyright notice.

      I.e., a shrink-wrap license.

      The court did not hold that a contract or license imposed on the first sale could not create an obligation. In this case, there was no contract between the owner and the original purchaser, and there was not privity of contract between the owner and any third party.

      In other words, simply printing the licensing limitations on a page in the book did not create a contract, BUT the court did not rule that there COULD NOT be a licensing agreement that does limit resale or further distribution.

      You can bet that a law book publisher implementing this kind of system will not rely on a "shrink wrap license" arrangement.

  13. This has little to do with copyright law by l2718 · · Score: 5, Insightful

    A manufacturer is attempting to circumvent the secondary market by only lending its products instead of selling them. This isn't an end run around the "first sale" principle exactly because the publisher doesn't plan to sell the books in the first place.

    What they are trying to do should be legal -- but hopefully it won't work because professors will refuse to assign this textbooks.

    1. Re:This has little to do with copyright law by Anonymous Coward · · Score: 0

      Should be legal, as long as there are other options to choose from.
      If not, then the price should be regulated to say 1/10th of what they ask currently.

    2. Re:This has little to do with copyright law by bobbied · · Score: 1

      it won't work because professors will refuse to assign this textbooks.

      Oh it will work, who do you think WRITES the books? Yea, you guessed it, the professors write the books....

      I have a number of college books on my book shelf that where written by the professor who taught the course, or by his boss. I even had one professor who made a big deal out of the fact that he wrote the book and that you needed to keep it forever. I bought a used copy and sold it as soon as I could...

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    3. Re:This has little to do with copyright law by Anonymous Coward · · Score: 0

      Usually with a rental there's a discount in pricing. This is essentially a rental, but at the going rate for purchases. Best of both worlds for the publisher.

    4. Re:This has little to do with copyright law by Anubis+IV · · Score: 3, Insightful

      This isn't an end run around the "first sale" principle exactly because the publisher doesn't plan to sell the books in the first place.

      That sounds like an end run to me. When something looks like a sale, feels like a sale, and smells like a sale, it should behave like a sale, including all of the rights and privileges associated with ownership. And at those prices, this sure as hell looks like a purchase to me, rather than a rental. Unfortunately, we live in a world where the very idea of ownership is being undermined by EULAs, licenses that can be rescinded at any time, and moves like what AspenLaw is doing here. How long until the first sale doctrine stops applying to any form of media at all, regardless of whether it's digital or physical?

    5. Re:This has little to do with copyright law by l2718 · · Score: 5, Informative

      I'm a professor, actually. In two words, you're wrong . If the book is only used in the class of the professor who taught it, the book will go out of print in a jiffy, and in any case the total harm to a single class of students is negligible. For a book to actually stay in print, many professors in many universities must use it. In this case very few will, and the problem will solve itself.

    6. Re:This has little to do with copyright law by Obfuscant · · Score: 3, Interesting
      I go to a car dealer and hand him a small bucket of money. He hands me the keys to a car. I pay a certain sum every month. After a couple of years I get to keep the car.

      But wait! There was a contract that said I was only leasing the car. I have to give it back. Other than that piece of paper, the transaction looked like a sale, felt like a sale and smelled like a sale. That would make it a sale, right? I don't think the courts would agree.

      I pay a fellow a "down payment" for the keys to an apartment. I pay him a certain amount every month. After 20 years I own the apartment outright, yes? (That's longer than many mortgages.) Looked like a sale, smelled etc... but I signed a paper that says it was only a rental.

      I go to a mall. I hand money to a fellow behind a counter and he hands me a pair of shoes. That smells like etc. I go to a bowling alley, hand some money to the guy behind the counter and he hands me a pair of shoes. But that's not a sale?

      Unfortunately, we live in a world where the very idea of ownership is being undermined by EULAs, licenses that can be rescinded at any time, and moves like what AspenLaw is doing here.

      They're being quite up-front in their terms. It's not a surprise at the end of the term to find out the book has to be returned. Do car leases, apartment or house rentals, or the existence of lending libraries also undermine the concept of ownership, or are they simply alternatives to outright ownership?

    7. Re:This has little to do with copyright law by asicsolutions · · Score: 1

      When I did my undergrad, I only had one professor who made us use his book. He sent us to Kinko's and we bought an essentially photocopied version for about $20. It was 1/5 the price of all my other textbooks.

    8. Re:This has little to do with copyright law by jma05 · · Score: 1

      Same here. I had just one prof who used his own book in his course. He simply gave the draft doc file to the class and said that buying the book is optional. I went to his book signing. He said that these academic books were rarely worth the time costs (since they cater to niche fields and so few get sold) and that his friend who writes fiction makes waaay more. Writing a book to him was more of an honor and about cementing his prestige in the field.

      Now, the publishers might be profiting; I doubt that the profs are... unless the book is widely used across the nation in some popular discipline, and is generally considered a classic textbook.

    9. Re:This has little to do with copyright law by gl4ss · · Score: 1

      a car lease certainly feels different than buying a car. even if you're comparing buying on partial payment(with a big pre sum as you're implying with the bucket).

      but if the book is sitting on the shelf.. and the student goes and grabs it and takes to the till and walks home.. but yeah, it's unlikely to go down that way, since more likely the book is forcibly sold/rented to the students while they sit at class and it is told to them to rent the book or fail the class for not renting the book.

      now, in a situation like this, from consumer perspective, the fucking course should advertise itself as costing the 200 bucks(+ whatever), as there is no way on earth to avoid paying the rental it is payment for the course(and the prof is getting kickbacks that's for sure).

      (if you got the 200 bucks back.. different story. I wonder though if this is to dodge some sales tax? as no actual sale is happening, just rental? are the rates different in usa commonly for such??)

      --
      world was created 5 seconds before this post as it is.
    10. Re:This has little to do with copyright law by FuzzNugget · · Score: 1

      When I lease a car, I pay less than if I were paying off a loan. I can also offset any concern of depreciation at the end of the lease period by selecting a new car and making any appropriate payment adjustments. If I really like the car, I can buy out of the lease. Can I do any of that with this textbook?

      When I rent an apartment, I don't have to worry about maintenance, renovations or yard work. That's the landlord's job. What's in it for me when I pay $200 for a book that I don't own?

      When I rent bowling shoes, it's a small fraction of the cost of buying them. But I'm also free to go out and buy a pair of bowling shoes, and it won't be absurdly expensive. Can I do that with this text book?

      In all of your examples, there is a mutual benefit to and reasonable compromise between both parties. In this situation, there is no such compromise or reasonable tradeoff. The publisher is trying to get a gravy train on the tracks and shitting on their "buyers" (because you can't really call them that anymore) to do it.

    11. Re:This has little to do with copyright law by sir-gold · · Score: 1

      Car leasing is a contract between you and the owner, and part of the terms of the contract states that you have to return the car at the end of the lease. You aren't returning the car because it's a lease, you are returning it because you signed a document stating that you agreed to return it (or face predefined penalties)

      The only way this could apply to books is if the bookstore required you to sign some sort of legal document before giving you the book.

    12. Re:This has little to do with copyright law by SpaghettiPattern · · Score: 2

      In two words, you're wrong .

      Not to start a nuclear war with a professor, but those are three words.

      --

      I hadn't the slightest objection to his spending his time planning massacres for the bourgeoisie... (P.G. Wodehouse)
    13. Re:This has little to do with copyright law by Anubis+IV · · Score: 1

      Other than that piece of paper, the transaction looked like a sale, felt like a sale and smelled like a sale.

      That's where you and I differ. Regardless of the paper, I don't think your examples look, feel, or smell like sales at all. Consider what a purchase normally looks like: money changes hands and a buyer takes ownership. In that order. Moreover, it's not just a random amount of money that gets paid: it's an amount of money equal to the value of the item.

      In the case of your car lease, few people would confuse your "small bucket of money" for the actual price of the car, which could very well be an order of magnitude or more greater. Moreover, you clearly had not taken ownership of the car, since what sane person continues to pay a seller for something they already own (note: you may have to pay a lender, but your business with a seller, by definition, always wraps up at the point of sale)? Rather, it's clear that the dealer is providing you with a different and ongoing service, such as the right to use something that doesn't belong to you. The fact that the service may end up costing you just as much as purchasing the car would have cost you does not mean that you purchased the car; it merely means that you got something that cost as much.

      The apartment example works out exactly the same way: you paid a fraction of the value of the item and your use of the item is contingent on ongoing payments, making it clear that there was never a transfer of ownership. You're clearly paying that person for something other than ownership of the item. Again, had you owned it, money would not have kept changing hands and you certainly wouldn't have received ownership until after the money was done moving from your pocket to theirs.

      Bowling shoes? They're rented at a fraction of the cost. The shoes at the mall, however? Purchased at full price.

      So what about the textbook then? At $200, it looks like the students are paying an amount that's pretty much in line with the cost of current college textbooks (maybe a bit on the high side, even), suggesting that this is indeed a purchase. We'd expect a rental or lease to come in much cheaper. Likewise, the money changes hands merely one time, right up front, which is, once again, in line with what we'd expect of a purchase. If this was a service, such as a lease, we'd expect ongoing payments of lesser value.

      And yet, despite having paid what looks like a fair price for the book while avoiding any ongoing transactions that would suggest it was something other than a purchase, we're expected to recognize that it's not a purchase? To use your quote again:

      Other than that piece of paper, the transaction looked like a sale, felt like a sale and smelled like a sale.

    14. Re:This has little to do with copyright law by BitZtream · · Score: 1

      When I lease a car, I pay less than if I were paying off a loan.

      No, you end up paying more in the long term because you never actually have any equity in the car, you're just giving them money for depreciation, and you're paying far more than you would if you were buying the car and then sold it at the end of the of the same time period instead.

      Leasing a car is universally stupid. You lose in every way. If you have more money than brains, sure, have at it, but its never a good deal. You could hire someone to do all the grunt work of selling the used car at the end of the time period and still not waste as much as leasing.

      Leasing is a trick used to con people into buying cars they can't afford or are too stupid to realize they are being ripped off.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    15. Re:This has little to do with copyright law by Anonymous Coward · · Score: 0

      In two words, you're wrong .

      Not to start a nuclear war with a professor, but those are three words.

      Uz lrnd g4d anglish. Conglatuationtions on you are brillance.

    16. Re:This has little to do with copyright law by Chris+Mattern · · Score: 1

      When something looks like a sale, feels like a sale, and smells like a sale, it should behave like a sale, including all of the rights and privileges associated with ownership. And at those prices, this sure as hell looks like a purchase to me, rather than a rental.

      It's not the price that makes something look like a rental--it's whether you're only allowed possession of the item for a limited amount of time. Which, in this case, you are.

    17. Re:This has little to do with copyright law by Paradise+Pete · · Score: 1

      Leasing a car is universally stupid. You lose in every way. If you have more money than brains, sure, have at it, but its never a good deal.

      Universally? Never? Wouldn't that depend on the terms? Leasing can be structured to be better or worse than buying. There's nothing inherent that makes it so.

    18. Re:This has little to do with copyright law by Anonymous Coward · · Score: 0

      Not to start a nuclear war with a professor, but those are three words.

      Your wrong.

    19. Re:This has little to do with copyright law by Anonymous Coward · · Score: 0

      I've seen a professor who has been able to use their own "textbook" for years that no professor outside the school would touch by having a company print it with just a plastic spiral binding it together. Then somehow the bookstore still manages to sell it to us for about $50.

    20. Re:This has little to do with copyright law by PPalmgren · · Score: 3, Insightful

      This is technically incorrect. Put aside that its a bad investment for a minute and think about this: While I'm not a car person and couldnt give two shits about what I drive, to some its an amenity they enjoy, like a big screen TV or a computer. To use an analogy people here would understand, these people are the kind of people that get a new computer every 2 years because they have to have the latest and greatest, and to them, those of us in old clunkers are like the geezers who have a 10 year old comp that's 'good enough.'

      The cost of ownership between lease and own for someone who gets a new car every 3 years is relatively break-even assuming reasonable mileage, mainly due to rapid depreciation and the interest cost associated with the car loan. The big difference is that the owning cycle has more upfront costs to get ahead of the equity chase. That seems counterintuitive, but let me explain. Say you purchase a $30,000 car and put the same down as you would have on the lease, lets say $4,000. In 3 years that car is worth around $18,000, so you have to pay at least $8,000 in 3 years just to break even to buy a new car at full price, which comes out to $230/mo with interest included. Everything over that payment is technically a down payment on a new car in 3 years. On a 5 year loan, the monthly payment would be between $500-$600/mo. The lease for the same car is going to be around $300/mo. Technically you pay a little more for the lease, ~$50-$70/mo, but as you can see the upfront cost is lower. This means you can predictably drive a nicer car continuously for less money on your monthly budget at the cost of spending a little more on the tail end of the 10 year average.

      In short, yes a lease is a little more costly but the difference is much smaller than 'far more' and is useful for someone who treats a car experience as an enjoyment and not a mode of transportation/investment. Car dealerships make relatively little on leases and mainly use them to secure a used car base, they make more in financing interest on new cars and sales of used cars. The salesmen are typically reluctant to focus on offering leases for this reason.

      As a note, I absolutely abhor wasting money on cars and will prob drive my paid off car until it falls apart. Just playing the devil's advocate. I have worked with what I like to term 'car people' and they have a completely different mindset when it comes to cars than I do. I think its a giant waste of money, but they think the same way of all my tech stuff. To each their own.

    21. Re:This has little to do with copyright law by gordo3000 · · Score: 1

      guess you've never run your own business? car leases are an amazing way to get a car pretax. And if your business is incorporated (not S corp) you can get the car before corporate and personal taxes (which means you save quite a bit... as much as 60%) and still basically have a personal car. So what if the dealer makes an extra 10%...

      In places with higher personal and corporate taxes, it is even better. Look at Japan's used car market, tons of black super high quality sedans that are 3 years old, because 3 years is the standard shortest lease and every company that is even kind of successful leases for 3 years and gives those cars to the senior execs as personal vehicles (a nice pretax perk). They sometimes give the car with a driver in the bigger companies because then you can really validate it as a work expense.

    22. Re:This has little to do with copyright law by Obfuscant · · Score: 1

      the fucking course should advertise itself as costing the 200 bucks(+ whatever),

      I have never seen a course catalog entry that lists what the costs of a course are, except for those courses with "lab fees". They never list the costs of required books, and they don't tell you how much the college is going to want just to take the course. That information may be somewhere else in the catalog, but not listed by course.

      I wonder though if this is to dodge some sales tax? as no actual sale is happening, just rental?

      The only people who care about dodging sales taxes are those who pay them. That's not the book dealer or publisher, that's the buyer. In this case, the student. No, it's a pretty clear case of a publisher trying to deal with fewer sales due to used sales.

      are the rates different in usa commonly for such??

      There is no "USA" rate for sales tax, it is an individual state and maybe city issue. I believe some states charge different sales tax rates on different things. Usually unprepared food has the lowest rate, sometimes 0. I recall that books and magazines in one state I lived in were considered "the press" and also had no sales tax. Fortunately I have lived for the last two decades in a state that has no sales tax at all, so I don't really care too much about other state's regressive taxation policies.

    23. Re:This has little to do with copyright law by Obfuscant · · Score: 1

      Regardless of the paper, I don't think your examples look, feel, or smell like sales at all. Consider what a purchase normally looks like: money changes hands and a buyer takes ownership.

      "Ownership" is a legal concept, not a physical one. "Possession" is the physical action that occurs. I hand money to someone at a shoe store, I take possession of some shoes. I hand money to someone at a bowling alley, I take possession of some shoes. The "ownership" depends on the terms of the transaction, which in one case is a sale and in the other a rental. But the physical actions are identical. Imagine someone who had never been to a bowling alley watching people rent shoes. Do you think he's going to assume they're renting, or would he assume it was a sale?

      In the case of your car lease, few people would confuse your "small bucket of money" for the actual price of the car, which could very well be an order of magnitude or more greater.

      However, it looks just like, it smells just like, it feels just like, the down payment that one would make in buying a car on time. Down payments aren't the full price of the car, they're only a fraction of it.

      Moreover, you clearly had not taken ownership of the car, since what sane person continues to pay a seller for something they already own (note: you may have to pay a lender, but your business with a seller, by definition, always wraps up at the point of sale)?

      The "sane person" who has bought an item on time continues to pay for the item after he assumes possession. Who he pays depends on who gave him the credit, and if it is the seller, then yes, indeed, he pays the seller. Your business with the seller does not conclude until he has been paid the amount agreed upon, "by definition" or otherwise. If he sells your payment contract to someone else, that's a different issue, but car dealers, for one, are quite happy to finance your new car purchase. General Motors even created a financing division for such business: GMAC.

      The only difference between a lease and a sale on credit for a car, in particular, would be the address on the envelope for the check you send every month. If the same company that handles lease payments also handles loan payments, then there would be no difference in who the check goes to.

      Bowling shoes? They're rented at a fraction of the cost. The shoes at the mall, however? Purchased at full price.

      "Full price" is defined by the seller. Bowling shoes are used, and used items usually sell for less than list price. Do you believe that you are renting a car if you pay much less than "full price" to the used car dealer? Of course not. I've seen used shoes sell for a dollar at garage sales. Are those rentals because I am not paying "full price"? You cannot use "did I pay 'full price'?" as a determination of whether the transaction was a sale or a rental.

      The apartment example works out exactly the same way: you paid a fraction of the value of the item and your use of the item is contingent on ongoing payments, making it clear that there was never a transfer of ownership.

      A down-payment for an apartment sale is also a fraction of the price, and over time as a renter you may very well pay more than the "full price" of the apartment had you simply bought it outright. (That's where the concept of "positive cash flow" in rental property comes in -- the owner is paying X on the mortgage for the property he's renting to you but charging greater than X so he has a positive cash flow.) That's probably why I specified twenty years to highlight the long-term costs of renting. Yes, it may be a legal truth that the bank owns your apartment until you pay off the loan, but the physical truth is that you are in possession, and possession is the physically observable effect. Now compare the difference between the bank being the "owner" of your apartment when you buy it with a loan and

    24. Re:This has little to do with copyright law by ImprovOmega · · Score: 1

      Unless he's a professor of English that's not really relevant to the discussion.

    25. Re:This has little to do with copyright law by the+phantom · · Score: 2

      It should also be noted that, from a student perspective, this is likely very similar to what already happens. Most students seem to sell their textbooks back to the bookstore (or some other reseller) at the end of the semester (much to the chagrin of a calculus student that showed up in one of my second semester classes---he sold his book back to the bookstore in December, then had to rebuy it in January, since he needed it for my class). Since they get a pittance for their books under such an arrangement, a $200 textbook that is bought then resold vs "rented" wouldn't make that much difference. The model of renting books to students doesn't seem terrible to me at first blush.

      Of course, the real problem is that textbooks cost $200 in the first place, and there is no good reason to be charging students $200 for a rental.

    26. Re:This has little to do with copyright law by frank_adrian314159 · · Score: 1

      Nope, two words, one apostrophised. Apostrophised words are generally counted as one word (not two), while words with essential hyphens, e.g., low-budget, devil-may-care, are counted as the number of words in the compound word.

      --
      That is all.
    27. Re:This has little to do with copyright law by the+phantom · · Score: 1

      With regard to sales tax, it may also be appropriate to note that no sales tax need be paid on many textbooks. Most public universities operate their own bookstores (either directly, or through some intermediary), and in many places these university run bookstores, as extensions of the state, do not charge sales tax. This probably varies some from state-to-state, and almost certainly does not apply to private institutions, but does deflate the tax argument a bit more.

    28. Re:This has little to do with copyright law by Christian+Henry · · Score: 1

      When I lease a car, I pay less than if I were paying off a loan.

      Leasing a car is universally stupid. You lose in every way. If you have more money than brains, sure, have at it, but its never a good deal. You could hire someone to do all the grunt work of selling the used car at the end of the time period and still not waste as much as leasing.

      Leasing is a trick used to con people into buying cars they can't afford or are too stupid to realize they are being ripped off.

      I see you've never run your own incorporated business (or if you did, you never consulted an accountant).

      Strictly for cashflow and bookkeeping reasons, as the owner of a small incorporated business, I strongly prefer to lease an asset rather than acquiring a loan for said asset. My annual taxes are simpler and I get to claim the full amount at tax time (rather than the depreciated amount only).

      As an additional bonus, for cars such as BMWs and Audis, which due to strong used car market demands tend to have a high resale value (meaning, the lease company will calculate a higher percentage residual value at end-of-lease time compared to, say, a North American Ford or Hyundai), my experience has shown that I've traditionally paid less for a flashy mid-to-high-end car than I would have paid for the equivalent "domestic" car.

    29. Re:This has little to do with copyright law by Anubis+IV · · Score: 1

      Hold up. You've glossed right over an important distinction: who are you paying?

      In your scenarios that involve purchases using down payments, your interaction with the seller doesn't actually go as you've suggested. How it actually goes is like this: you pay them the full amount and you receive the item in exchange. End of story. What about the down payment, you ask? It's a factor in your deals with the lender, from whom you received a separate service that you'll be paying for on an ongoing basis. You still finished paying the seller up-front and in full, however.

      Put differently, in a two-party transaction, the seller has the item and you have the money. If you're paying them less than the value of the item, it's clear you haven't purchased it, which means that you're merely paying to borrow it (e.g. leasing apartments, renting shoes, etc.). And if the down payment is going to a third party, then it's clear that it's part of a separate service you're receiving, such as a loan, which you'll likely be using to make the actual purchase at the full price of the item.

      So, while you may have "paid once a month for years" for your house or car, you weren't paying the seller for the item, you were actually paying your lender for a related but separate service that you received. The purchase was still complete up-front, however, which should be readily apparent.

      (Side note: I wasn't intending to use your quote out of context to suggest you agreed with what I had said (far from it!), and I apologize that it appeared I was doing so. I understood what you were getting at with the quote, and my intent in using it the second time was merely to reflect the statement back to you as my own, since it seemed to me that it captured the same thought running through my head, though with a different scenario.)

    30. Re:This has little to do with copyright law by Obfuscant · · Score: 1

      Hold up. You've glossed right over an important distinction: who are you paying?

      That is irrelevant. The address on the envelope is a trivial distinction compared to the fact you are paying on a regular basis. And in some cases (as in the car lease/buying example), the address/payee may be exactly the same for both. For a land contract financed by the seller, you're paying the seller just as if you were paying rent to him for a rental transaction.

      In your scenarios that involve purchases using down payments, your interaction with the seller doesn't actually go as you've suggested. How it actually goes is like this: you pay them the full amount and you receive the item in exchange. End of story.

      Uhhh, no. You pay the down payment, which is not the full amount. That's why it is called a "down payment" and not "the full amount". If you are using an outside lender, THEY pay the rest of the money to the seller, and then you pay the outside lender over time. No, sorry, neither when I bought my last car nor my house did I write a check for the full amount, I wrote a check for only the down payment.

      And if the down payment is going to a third party,

      The down payment goes to the seller. The lender deals with what is left to pay.

      The purchase was still complete up-front, however, which should be readily apparent.

      It isn't that readily apparent, because you're paying over time. The physical actions are the same. You pay either the rent or the loan, but it is still paying over time. The name on the check depends on who you owe, not why you owe it.

      You talk about "the full amount" as if that were a static concept. There's a pair of shoes I find for $1 at a garage sale. That $1 is the "full amount" for that sale. I go to the bowling alley and pay $1 for renting the shoes. Is that $1 the full value of the shoes? Could be, depends on how used they are. In any case, that $1 is the full amount of the rental. In both cases I pay $1 for possession of shoes. It's indistinguishable from what I've done whether it was a sale or a rental transaction, it's only the terms for the transaction that tell me which is which. (And it would be quite possible for that bowling alley to clear out old shoes by actually selling them for $1, in which case it is impossible to tell from what actually happens whether it is a sale or rental.)

    31. Re:This has little to do with copyright law by Anubis+IV · · Score: 1

      I feel like you're missing the forest for the trees.

      The address on the envelope absolutely matters. If the person who had the car received the full sum of money, you received the car, and you have no further business with them, it's apparent that the car was sold and now belongs to you. That you're sending money to someone else in repayment for a large sum of money that they gave you doesn't take away from that fact.

      And sure, you may never write a check for the full amount (or you may, depending on the arrangement), but even if you don't, the lender stills pays the full amount on your behalf, which is why I said that you paid the full amount. At that point, the seller has received what he wanted for the item, so it's been sold to you. It's yours. That you chose to turn around and use it as collateral in another arrangement is a separate matter that, once again, doesn't take away from the fact that you own the item.

      And sure, "the down payment goes to the seller", but as I made clear in the paragraph prior to the part you quoted, it's going to them not because the seller is demanding it, but because the lender is demanding it. I.e. It's a factor in your arrangement with the lender, not the seller, since all the seller sees is that they're receiving the full amount. They don't care that it's not all yours.

      As for "full amount", I agree with you that it's a nebulous concept. I won't argue that.

    32. Re:This has little to do with copyright law by SpaghettiPattern · · Score: 1

      Nope, two words, one apostrophised.

      I looked it up. Both you and the professor are right. The correct term seems to be contraction. Thanks for clarifying.

      --

      I hadn't the slightest objection to his spending his time planning massacres for the bourgeoisie... (P.G. Wodehouse)
    33. Re:This has little to do with copyright law by Obfuscant · · Score: 1

      The address on the envelope absolutely matters.

      The address is used by the post office, and it matters only to the person who is getting the check. Not to me, as long as it is the correct address for the recipient of the money. It feels no different to put a check into an envelope addressed to X than to Y. The address on the envelope doesn't tell anyone WHY you owe the money, only to whom you are sending it. Just one more example, of many, is if I decide to buy an apartment from a rental agency instead of continuing to rent. The address on the envelope will be the same -- the office of the rental agency. Or maybe not. It doesn't make any difference to the kind of transaction.

      If the person who had the car received the full sum of money, you received the car, and you have no further business with them, it's apparent that the car was sold and now belongs to you.

      "The full sum of money". What does the "full sum of money" feel or look like in a transaction, and how do you know someone else is getting "the full sum" when you aren't giving it to him? Why shouldn't I assume that the $100 I give someone to rent one of their cars is "the full sum" and decide that picking the car up is the last business I do with them? After all, it's giving them "the full sum" and "have no further business" that makes it a sale and not a rental, right? No?

      That you're sending money to someone else in repayment for a large sum of money that they gave you doesn't take away from that fact.

      What fact? Sending someone money on a monthly basis doesn't prove there was a sale. You only know there was a sale because the piece of paper that went with the transaction said it was. The point is that the ACTIONS taking place do not define the kind of transaction, it is the contractual parts that do. "That fact" is not defined by how you pay someone, it's defined by the contract.

      You are arguing from a knowledge of the paperwork involved that the actions fit the kind of transaction, and the discussion is how the transaction looks and feels (the actions) do not define the transaction itself. "It looks like a sale, it feels like a sale..." is meaningless because a sale can look and feel just like renting or leasing and vice versa.

      And sure, "the down payment goes to the seller", but as I made clear in the paragraph prior to the part you quoted, it's going to them not because the seller is demanding it,

      And to whom would the payment go if not the seller? Would you sell someone something and tell them to pay someone else for it? Of course not. Why would you want to force money you can get directly to be funneled through a third party? Of course the seller wants to be paid the down payment.

      but even if you don't, the lender stills pays the full amount on your behalf

      No he does not. The lender does not pay the down payment, I do. The down payment is MY responsibility, not the lender's. The down payment is not money I owe to the lender because I have already paid it. The lender only cares how much I want to borrow to cover the rest (other than any artificial requirements he puts on how much equity he wants me to have in the collateral -- the car -- to help ensure I don't find defaulting on the loan a profitable action, before he will make the loan.)

      I.e. It's a factor in your arrangement with the lender, not the seller, since all the seller sees is that they're receiving the full amount.

      The seller sees that he's getting the full amount because he adds the amount I give him for the down payment to the amount the lender gives him (if the lender actually gives him anything, which isn't a given). I don't see the check from the lender -- there probably won't be one, it will be an electronic transaction, if there is one. And if the seller is doing the financing, he does NOT get the full amount, he gets the payments directly fr

    34. Re:This has little to do with copyright law by david_thornley · · Score: 1

      The one textbook I was assigned by the author was well worth it, as it included the author's important work in the field.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    35. Re:This has little to do with copyright law by Anonymous Coward · · Score: 0

      I'm a professor, actually. In two words, you're wrong . If the book is only used in the class of the professor who taught it, the book will go out of print in a jiffy, and in any case the total harm to a single class of students is negligible. For a book to actually stay in print, many professors in many universities must use it. In this case very few will, and the problem will solve itself.

      Valid point, but as someone that works with a rather large LMS with numerous professors and faculty, I can tell you a majority of the adoption that occurs is because of the materials provided to the faculty through the publisher -- generally lecture materials and testbanks, especially for more general classes (I know this because I am the guy that processes many of these requests). Professors are quick do adopt such textbooks because it frees their time for researching, publishing and occasionally, teaching. The publishers love this because it creates further lock-in...

    36. Re:This has little to do with copyright law by bobbied · · Score: 1

      Many of the professor written texts I used where good ones and I still have them. I just objected to the blatant profiteering by the one professor because he unnecessarily tried to make profit though how he ran the classroom. He made it clear that he was selling books first and stroking his ego second with teaching someplace beyond that on his priority lists.

      I don't mind if they wrote the book, but if they are stroking their ego and padding their bank account at my expense, then wasting my time joking about it during class, I'm going to do my best to limit the payoff (both in ego stroking and money). If the professor's priority is to teach something to their students, then I don't care who wrote the book, I'll gladly pay for the text so I can learn.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
  14. They'll make it back fast by Anonymous Coward · · Score: 0

    They'll make it back in their first hour on the job. Or maybe the first half hour on the job.

  15. A consideration for professors by l2718 · · Score: 3, Interesting

    As a university faculty member I consider the cost of textbooks whenever I choose one for a course. I try to never require students to buy the book (I'm not always in charge of the course I teach, so I can't always do this), and I prefer books that are available on SpringerLink (whole-book DRM-free PDFs are available to all our students since our university subscribes). I doubt many faculty members will actually assign this textbook.

    1. Re:A consideration for professors by Anonymous Coward · · Score: 0

      ... I doubt many faculty members will actually assign this textbook.

      How about if they were offered a 10% cut, or free trips to attend a "lecture" in Hawaii? Reminds me of how the pharmaceutical has turned docs into drug pushers.

    2. Re:A consideration for professors by Anonymous Coward · · Score: 0

      As a university faculty member I consider the cost of textbooks whenever I choose one for a course.

      Interesting.

      Many publishers will try to bribe professors to use their book for a course. Either you're very honest & kind or your class is small.

      Or you can write your own book for your course. I had two courses where the prof wrote the textbook for the course, and both times the book sucked.

    3. Re:A consideration for professors by retchdog · · Score: 1

      A 10% cut of what exactly? The professors don't actually buy the books themselves.

      And the economics of paying for a Hawaiian vacation to promote textbooks is just silly. How about a free car if you buy a Snickers bar instead of an Almond Joy?

      No, the primary pressures influencing textbook decisions are laziness and "tradition"/perceived quality. A friend of mine got chewed out by his physics department for choosing a $10 Dover book on E&M instead of the $150 standard one. Meh.

      --
      "They were pure niggers." – Noam Chomsky
    4. Re:A consideration for professors by l2718 · · Score: 1

      Many publishers will try to bribe professors to use their book for a course. Either you're very honest & kind or your class is small.

      Do you have first-hand experience with this? It has never happened to me. Publishers routinely send me free books with the hope I'll use them for a course. Almost all have a policy of giving you a free copy of any book you make mandatory for a large enough class (say 100 students) -- which is the closest it gets to a "bribe" -- but in fact it's basically irrelevant to the decision. First of all, the only reason I need the book is for teaching purposes, I'm not particularily motivated to own it except for use during that particular class. Second, since the book is for teaching, if I don't have a copy the academic department (my employer) will buy one for me to use during the course. So the only thing this "desk copy" policy do is save some money for my boss; it has no effect on how I choose a textbook.

  16. What happens if... by Anonymous Coward · · Score: 0

    The student doesn't give it back? Sells it via an alternate market? Exactly how are they going to enforce this? Even in the original article, this is obviously unclear. I suppose they would try some DCMA attack on any site found to be selling the book. Would a EULA inside a book be enforceable?

    1. Re:What happens if... by bobbied · · Score: 4, Funny

      Oh that is easy. You charge them a deposit, refundable upon return of the book.

      Oh wait, this is a law school... You just sue them to get it back...

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    2. Re:What happens if... by Joe_Dragon · · Score: 1

      like the cable box that will be $699 a book.

  17. Barbara Streissand by ickleberry · · Score: 2

    Expect scanned and even perfectly good text copies of this book to be on all good torrent sites around the time it's supposed to be released

    1. Re:Barbara Streissand by Anonymous Coward · · Score: 0

      Shit, I'll help type it in if someone will get me access to a copy.

    2. Re:Barbara Streissand by Anonymous Coward · · Score: 0

      But-but-but!!! Aaron Swartz is *dead*!!!!

    3. Re:Barbara Streissand by vandamme · · Score: 1

      Last week I saw a new Kodak scanner that would do a hundred pages in a couple minutes. Zip, zip, zip. Both sides, nice quality. I was impressed.

      Just sayin'.

  18. took a page outta MPAA/RIAA playbook by arbiter1 · · Score: 1

    Well they took page outta their book with these DRM.

  19. sounds like the cable companies by Joe_Dragon · · Score: 1

    Where they force you to rent the box at price over 1-2 years that can add up to it's real bulk price.

    Also if you have lost, not returned, burned up in a fire they want the full price of a new box.

    and you can't buy the box or use one that was not returned and one that someone even payed the full price for.

    1. Re:sounds like the cable companies by bobbied · · Score: 1

      Not true. By law they MUST allow you to use your own tuner and can only charge you a small monthly fee for the CABLE CARD you need to decode their encrypted signals. Silicon Dust sells such tuners, as does a number of "cable card ready" TV makers. You can even get DVR devices to do this too.

      Don't rent from the cable company... Shesh.. But I guess folks cannot afford to buy $500 worth of equipment all at once just to watch cable, so they pay though the nose by the month and never own anything..

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    2. Re:sounds like the cable companies by Anonymous Coward · · Score: 0

      Uh...just try getting a working cablecard setup. None of them even support HD and the vast makority of cable companies have no interest in getting it working either.

    3. Re:sounds like the cable companies by Joe_Dragon · · Score: 1

      still have to rent the cable card and some systems even or used make you pay for the tuning adapter for SDV systems.

      and that cable card rent can add up.

      I think that Service Electric was one of the few system that let you / still does let you BUY IT FOR about $125. Others make you pay $3-$5+ mo to rent it.

      http://www.sectv.com/aspEquipC...

      Purchase CableCARD for a one-time fee of $125.00 and receive a one-year warranty on the CableCARD from the manufacture so you never have to worry about rental fees again!

    4. Re:sounds like the cable companies by sir-gold · · Score: 1

      This assumes that your request for a CableCARD results in something besides a blank stare, followed by "what's a cable card?"

    5. Re:sounds like the cable companies by bobbied · · Score: 1

      Oh they *know* what it is, at least *somebody* at the cable company does. Keep asking for a manager if nobody fesses up to having them. If not, go to the FCC and file a complaint, the enforcement division will be happy to take them out behind the woodshed and instruct them on the law.

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    6. Re:sounds like the cable companies by jandrese · · Score: 1

      More commonly the response you get is "God damn fucking TiVo users."

      --

      I read the internet for the articles.
  20. Professors will find a way to make $$$ on this by Anonymous Coward · · Score: 0

    I had a professor who required his class to purchase his textbook which was nothing but a book of blank pages that had his name on it. He required every assignment to be turned in on HIS books blank paper.

    Crooked is Crooked. Till professors get it out of their head that they cant pull this kind of crap, publishers will have no problem finding professors who will push it onto their students.

    1. Re:Professors will find a way to make $$$ on this by bobbied · · Score: 1

      I see a trip to the custom stationary store to fix that one, assuming a photo copier wouldn't work...Assuming you could find similar paper....

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    2. Re:Professors will find a way to make $$$ on this by mark-t · · Score: 1

      I had a prof like that too... although he didn't try to claim that the blank book was a textbook, but a notebook. Three times through the semester, he wanted to see our notes, and he graded them.

      And at least it didn't cost very much... way less than $10, which itself is more than an order of magnitude less than what I'd spend on books for most of my other courses.

    3. Re:Professors will find a way to make $$$ on this by sir-gold · · Score: 1

      If I had a teacher try something like that I would immediately complain to the administration.

      If that didn't work, I would start counterfeiting his "textbook" and giving it away to all his students.
      It's not copyright infringement if there is no content to copy. Even the teacher's name on the cover is fair game, since you can't copyright a name (you can only trademark it, and that costs money, unlike copyright)

    4. Re:Professors will find a way to make $$$ on this by sir-gold · · Score: 1

      So you had a teacher that not only required you to take notes (which is pretty rare already) but required them to be in his special notebook?

      What happened if you didn't take notes, or used a different notebook?

    5. Re:Professors will find a way to make $$$ on this by mark-t · · Score: 1

      Pretty straightforward I imagine.... You'd fail the course... with an "I" grade, for incomplete.

    6. Re:Professors will find a way to make $$$ on this by retchdog · · Score: 1

      Sure, if your time is worthless, that's a great solution.

      --
      "They were pure niggers." – Noam Chomsky
    7. Re:Professors will find a way to make $$$ on this by retchdog · · Score: 1

      Odd. I wouldn't think that $5 (or whatever) per person would be adequate compensation for looking like a complete toolbag. It certainly wouldn't be enough for me.

      This is what always surprises and saddens me about venality and corruption: not the unfortunate existence of it, but the pathetically low rates involved. If a pharma company wanted me to pass a law to let them sell poison as medicine, I'd ask a hell of a lot more than $10k.

      I think of myself as a very honest person but maybe it's just because no one has made a sufficiently lucrative offer yet. ;-)

      --
      "They were pure niggers." – Noam Chomsky
    8. Re:Professors will find a way to make $$$ on this by bobbied · · Score: 1

      Sure, if your time is worthless, that's a great solution.

      There is a certain amount of principle here.. Not to mention, that if you got a suitable counterfeit, Profit could be in your future...

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    9. Re:Professors will find a way to make $$$ on this by retchdog · · Score: 1

      Your business acumen is simply dazzling. A "market" of at most ~$500 a year, for the sake of which you might earn the ire of your professor. Wow. Such Profit.

      --
      "They were pure niggers." – Noam Chomsky
    10. Re:Professors will find a way to make $$$ on this by bobbied · · Score: 1

      I was justifying the time it took to get your own pages printed.. But OK.. I would personally do my best to disrupt the prof's monopoly, just out of principle. But if you want to knuckle under to the pressure from "the man" feel free... ;)

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
    11. Re:Professors will find a way to make $$$ on this by retchdog · · Score: 1

      i would like to reply to you as thoughtfully as i could, since you raise an important point.

      so, could you tell me for my own edification, are you a nigger or a faggot?

      this is really important for me to compose a reply, you see.

      --
      "They were pure niggers." – Noam Chomsky
    12. Re:Professors will find a way to make $$$ on this by sir-gold · · Score: 1

      You can contest that in front of a review board, at which point he would have to explain why his special notebook was a requirement.

      While it's true that the teachers are the ones that come up with with the grades, they are not the ones who have final say in what the grades will be, the review board can overrule the teachers requirements.

      Unless it's one of those private for-profit "universities", in which case you are better off just finding a different school.

    13. Re:Professors will find a way to make $$$ on this by mark-t · · Score: 1

      In all honesty, it probably wouldn't have been worth it in my case... It was just a philosophy course which I needed to fulfill arts elective requirements.

      I passed the class quite easily with a final grade of A-.

      The teacher was still a bit of a douche, however.

    14. Re:Professors will find a way to make $$$ on this by bobbied · · Score: 1

      You got serious mental issues... Or are just a troll... I'm going with troll..

      FULL STOP

      --
      "File to fit, pound to insert, paint to match" - Aircraft Maintenance 101
  21. Photocopy! by helbent · · Score: 1

    Years back, when in yee olde academy, I used to run into costs surpassing $500 per semester for books. I think they're north of $1,000 for a full semester now.

    Sooooo, I used to get all my books bought and would immediately head up up to the local copy shop and then spend around $120+ or so and get double-sided copies of all my books on 11" x 17" paper. Then I'd return the books for full refund and then pocket the difference, a savings of up to 70% or more off the cover price. The process would take a few hours but for a poor college student who was literally going without food here and there, it was worth it. It was moderately inconvenient to have to lug around bags filled with of stacks of photocopies but I managed.

    Nowadays, this is all obsolete. The copiers are now digital and making digital PDF scans of the books (or copies) is certainly within the realm of reality.

    http://www.diybookscanner.org/

    These charming folks here have a scan fixture for $500 (you supply the cameras and light and computer and GPL software, however). I used to hear of frat houses on campus pooling cash to buy one or just a few books which would be passed around to all the members who are taking the same class.

    I wonder how long it will take before some enterprising folks to start to pool their cash and buy (or build) one of these fixtures to get around artificially-created barriers such as we see here?

  22. Unread.... by dohzer · · Score: 1

    If I only possessed my textbooks while studying at university, I would never have had the chance to read any of them.
    University projects and laboratory work consumed any time I had for reading books, and the lecture notes sufficed.
    Where the textbooks *have* come in handy is for revising topics years after graduating.

  23. No problem here. by Anonymous Coward · · Score: 0

    Maybe this will cut down on the number of lawyers in the future. There are too many as it is right now.

  24. Must be a racket. by pspahn · · Score: 1

    When I was a computer savvy high school student back in 1994, I was fed up with having to lug 60 pounds of books to and from school every day (we had lockers, but weren't allowed to use them). It seemed like a really trivial concept to provide PDF documents of the books to those students who opted in. Hand me a CD at the beginning of the term and be done with it.

    Here we are, some 20 years later, and the idea has still never been done in a reasonable way. The only logical conclusion is that educators are simply not interested in educating, their only interest is to sell the things students are obligated to purchase.

    --
    Someone flopped a steamer in the gene pool.
    1. Re:Must be a racket. by eulernet · · Score: 1

      Using technology is not a good idea, because it's fragile.

      Students are not careful with their material, so paper books are much more robust than LCD screens.

    2. Re:Must be a racket. by sir-gold · · Score: 1

      I would imagine most teachers wouldn't want to be staring at a sea of laptop lids and backlit faces.
      PDF books might make sense in a computer class where there is already a screen in front of you, but in my experience, people tend to goof-off and not pay attention when they have their laptop in front of them.

      Some of the classrooms at my college have windows in the back of the room, facing the hallway. Every time I walk past one of those rooms, every single laptop screen has facebook on it, while the teacher is lecturing.

    3. Re:Must be a racket. by pspahn · · Score: 1

      Sure, okay. Granted, when I had the idea, you could still register pretty much most generic nouns as a domain name, though, what's to stop a student from just printing out the few pages they might need in class? That way you could take notes on the material itself without having to worry about paying for the book.

      --
      Someone flopped a steamer in the gene pool.
    4. Re:Must be a racket. by pspahn · · Score: 1

      It's not difficult to print out select pages and bring them to class. As a student, the inconvenience of having to print so-and-so pages before class tomorrow is good trade for not having to lug around 60 lbs of books several miles each day in a crappy backpack.

      Come to think of it, maybe I just have spun that angle harder and showed up to school with a full frame trekking pack. When the teachers would ask me about it, I simply tell them I need it prevent permanent back damage from hauling their "district approved" textbooks to and from school everyday. Ha... oh well, witch of the stairwell.

      --
      Someone flopped a steamer in the gene pool.
  25. Universities have to enable this by Beeftopia · · Score: 1

    It's the universities and teachers who choose what books the students must use. They could:

    1) Boycott this publisher.
    2) Act indifferently.
    3) Enthusiastically join with this publisher.

    Follow the money. I'm guessing it will be 2) or 3) above, depending on the deal the publisher strikes with the university.

    1. Re:Universities have to enable this by arth1 · · Score: 1

      It's the universities and teachers who choose what books the students must use.

      When and where I went t school, the universities and teachers couldn't tell you that you had to use any book. They would tell you which book covered the curriculum as taught, and you were free to pick any book you wanted that could ensure that you got the questions right. That would normally be the recommmended books, but some chose to go with 1-2 year old books to save money, and some who took the class just to get a rubber stamp on what they already knew, went bookless.

    2. Re:Universities have to enable this by petermgreen · · Score: 1

      mmm, I think I bought one textbook (and a few books on techincal subjects not directly related to my degree) during my whole time as an undergrad in the UK (electronic systems engineering at manchester), between good quality lecture handouts and a good library buying books just wasn't needed most of the time.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
  26. Nothing new by Registered+Coward+v2 · · Score: 2

    My grad school forbade reselling case books, arguing that they were licensed not sold. If you put up a for sale sign on a campus bulletin board it got taken done. So we simply had an underground market as well as simply shared the books. Interestingly enough, while researching an article on the doctrine of first sale I learned it is not as black and white as some would think it is; with lots of variations state to state as well as defining what constitutes a sale.

    --
    I'm a consultant - I convert gibberish into cash-flow.
    1. Re:Nothing new by ImprovOmega · · Score: 1

      I think that could make for a good final exam for law students. Sell your book openly and successfully defend the case while representing yourself. If you manage to do this you graduate =)

  27. extra douchey by speedlaw · · Score: 1

    Law School is a huge profit center, as lawyers sit with books. No labs, no electronics, just old school learning of a set course load. Get used to it, with the WEST publishing monopoly law books are stooopidly overpriced.

  28. Re:Refresh their web page in a FOR LOOP by Anonymous Coward · · Score: 0

    Two wrongs don't make a right.

  29. I'm sorry but.... by CTU · · Score: 1

    The book had to have been lost in the mail, I know I sent it back out.

    Well $200 for a book you can't keep, need to mail back (even if you get a digital version tho they can always revoke your rights to that as well) or I could torrent the book and save myself the headache and deny them the money...Screw it think I'll torrent that book even if I don't got the class I wanna do it just to spite them

    1. Re:I'm sorry but.... by BitZtream · · Score: 1

      Its hard to claim the high road when you make selfish statements like that.

      If you don't want to buy the book because you disagree with the sales practices, thats great and its the right thing to do.

      If you want to steal the book because you don't agree with the sales practices, you're just an asshole.

      Taking the high road requires you to actually take the high road, you're just making an excuse to be a thief.

      Its not food, water or oxygen that you need to survive, its not something you are entitled to. You have no right to it if you don't agree to their terms, grow up.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    2. Re:I'm sorry but.... by CTU · · Score: 1

      I never said I use the book or even ready it. Sure its not the high road, but its a personal statement I would make, try to screw people over with telling people how they can and can't use a book they paid for then see people torrent it instead giving you nothing.Besides I have a condition called being lazy and might not really go through with it anyways so...

  30. Vitalbooks by MrBrklyn · · Score: 1

    This started a long time ago with VitalBooks at NYU Dental School

    --
    http://www.mrbrklyn.com/amsterdam.html http://www.brooklyn-living.com
  31. How about... by Anonymous Coward · · Score: 0

    Selling the Digital Version standalone ?

  32. Tip for law students: don't buy them! by Anonymous Coward · · Score: 0

    In 2005 I graduated in the top 10 of my law school class. I can confidently say there is very little need for students to buy "case books" nowadays.

    First of all, casebooks are merely collections of cases (in the public domain) the author deems relevant to the subject matter. 99% of the cases inside can be found on Google Scholar or elsewhere on the Internet. Most law students are given free access to Westlaw or Lexis-Nexis as well. All you need is the list of cases in the casebook...you can find the cases for free.

    Further, most of the time is better spent reading free or commercial summaries of the cases, rather than the cases themselves, but that is for each student to decide themselves.

    1. Re:Tip for law students: don't buy them! by sir-gold · · Score: 1

      So they are "leasing" information that is already public domain? how is that even legal?

      That's like some random person charging admission to a public park

    2. Re:Tip for law students: don't buy them! by gordo3000 · · Score: 1

      no it's the same as when you pay for a copy of any old book (canterbury tales for example). You are not paying for the copyright or a license, you are paying for the nice binding and ordering. and maybe some summaries along with discussions, or anything else they are providing.

    3. Re:Tip for law students: don't buy them! by david_thornley · · Score: 1

      I can sell you stuff that's in the public domain very legally. There may be some advantage to you, such as having it in printed and bound format. Or it may be a scam. It's still a legal sale.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    4. Re:Tip for law students: don't buy them! by sir-gold · · Score: 1

      The largest part of their costs was probably the printing and binding of the textbooks, and it's the one part you don't get to keep.

      In the end, you will have paid $200 to buy a bunch of PDFs full of mostly public domain text, and to rent a book for a year.

    5. Re:Tip for law students: don't buy them! by sir-gold · · Score: 1

      Except they aren't selling the printed and bound item, they are merely lending it to you for a year, when you buy the digital version of the content (which has a lot less than $200 in added value)

      Also, scamming people in a large organized way IS a crime, it's called "conspiracy to commit fraud"

  33. I remember this scam... by Charliemopps · · Score: 1

    When I was a student there was sadly no such thing as pirated books. What was really infuriating was that each class would require you to buy 4 or 5 books. You'd take the class and only open 1 or 2! And then you'd find out that one of the books was authored by your professor!

    I quickly learned not to buy any of the books. The first day the professor would ask us to take it out I said "opps! forgot that one in my dorm!" share with someone the first day and pick it up on the way to my dorm. I recommend this strategy to anyone else thats newly attending college. It saved me thousands of dollars.

  34. Scripts and scores for musicals are the same way by dpbsmith · · Score: 2

    It's not unprecedented. I don't know the legal details but anyone who's ever been an in amateur production of a musical will tell you that Music Theatre, International will not sell you a script or a score. I believe the statement is that you have rented them. You are warned to make any markings lightly and in pencil and to erase them completely before returning them.

  35. errr... what about the $200? by Arancaytar · · Score: 1

    Is that like a renting fee?

  36. It Really Takes a Lot of Nerve by rssrss · · Score: 1

    Fortunately for you, most of you have never been in law school (I like to tell prospective law students that there are more amusing prisons in the mountains of Peru.). So you have had no reason to look at a law school casebook.

    The name casebook distinguishes them from textbooks used by students in other fields. A casebook consists mostly of the reports of the decisions of courts (most often appellate courts) in actual decided cases. The case reports (thus the name cases) are usually edited to remove material not relevant to the main point the author is interested in (often irrelevant and trivial procedural issues from the lower court), the casebook author often includes notes of contrary or different cases and of relevant statutes.

    There is usually no other material created by the so-called authors of the casebook.

    Here is the main point. Reports of cases decided by courts are inherently public domain material regardless of their age. The same is true of statutes.

    Almost all of the material in a casebook is not, and may not be, copyrighted.

    Asserting intellectual property rights over reprinted public domain material is requires nerve to the point of chutzpah.

    BTW, the restriction on resale is mostly like invalid as a restraint of trade, and will not be binding on subsequent purchasers such as used book merchants. It is also a violation of the Sherman Act.

    --
    In the land of the blind, the one-eyed man is king.
  37. Re:Refresh their web page in a FOR LOOP by Anonymous Coward · · Score: 0

    Three lefts do though....

  38. At my school... by Anonymous Coward · · Score: 0

    ...most everyone borrows the one book from the library and then scans it to create their own "e-book." Not feature-rich, but it doesn't make you cash-poor, either. Posted as AC because © police are EVERYWHERE o_O

  39. Not hatred, respect by dutchwhizzman · · Score: 2

    They will respect the way that DRM has used the law to relieve them from their money. Since they want to make money, they will have learned how creative use of DRM can do that, so they will try and find ways to work for DRM companies.

    --
    I was promised a flying car. Where is my flying car?
  40. Ha by Anonymous Coward · · Score: 0

    Stupid lawyers. If you had compulsory 80% requirement to attend a class you didn't go to a university. IF oyou tools actually take that kind of abuse it's pretty much what you deserve. Even calling 1st year students "kids" tells me a lot. A kindergarden for the slow but rich kids? Just follow the rules to the point, never think for yourself. Oh well, guess that kind of fits a lawyer. I mean, IT'S THE RULES. YOU GOT TO FOLLOW THE RULES. EVERYTHING WILL BE A CHAOS IF YOU DON'T. Stupid idiots.

    So, do they rent the books out or sell them? If they rent I think it's ok to take them back. If it's a sale everyone can decide themselves if they want to trade the hardcopy for electrical version, right? The law school shouldn't REQUIRE anything, but learning. Why would they care if you have the book or not?

  41. Books aren't in lease constructions usually by dutchwhizzman · · Score: 1

    You come up with valid rent/lease constructions that by themselves don't feel a whole lot different from sales constructions. However, all the examples you give, come from markets where you have multiple options to buy the exact same product and also have an established market for lease/rent constructions.

    While there are text book rental constructions, these do feel, present and act very differently compared to a sales construction. Not only that, you can get the same books "for keep" if you buy them, usually. This is a novelty construction for a book that just isn't for sale and the pricing isn't in the usual range for book rentals. That's what's makes it news.

    --
    I was promised a flying car. Where is my flying car?
  42. If you put it that way by dutchwhizzman · · Score: 1

    Here in the Netherlands every case that could become jurisprudential or has been in the public will get published automatically on a government web site. While I understand that some states or federal government may choose not to do so because of costs, there should indeed be no publisher trying to get copyrights for publishing the same material. In fact, there should be a law that puts extreme fines on attempts to do this and make people behind companies that do this personally liable for damages. Who's going to write their congress representatives about this and make this law really happen?

    --
    I was promised a flying car. Where is my flying car?
    1. Re:If you put it that way by gordo3000 · · Score: 1

      why shouldn't a prominent lawyer's interpretation and other notes on a case not be copyrightable?

      I don't really have a problem with this. If you just want all hte case documents, they are almost always available online in the US for free. If you want to read someone else's interpretation and commentary on the case, and possibly gain insight into how the case applies in other circumstances or following cases, then you pay for it. Sure, a significant portion of what they are giving you may just be edited versions of the case itself (and this is quite a time saver for some) or whatever public domain info they are giving you, but it doesn't mean their own input isn't copyrightable. I.E. you can copy the case pages in the book verbatim and be fine I would think, but I don't know why the rest needs to be public domain.

  43. Good god by Anonymous Coward · · Score: 0

    :D

    WTF, I would ask my money back and switch universities in a heartbeat. You really took that abuse? God you are a lame duck :D

  44. What's wrong with the Library? by Anonymous Coward · · Score: 0

    My University library always had a few copies of recommended course books in... maybe not the latest editions, but enough to get you going

    Of course they were always checked out come exam time, but if you'd actually studied and made notes during the year when everyone else was slacking off, it was no problem

  45. Book sells on campus has been a scan for years by Anonymous Coward · · Score: 0

    But this is defintively bullshit being fueled by outside agendas.

  46. Where do you live? by langelgjm · · Score: 1

    In my neck of the woods, educational institutions are legally allowed to break copyright for educational purposes. So it's fine to take one book and photocopy it a bazillion times.

    Unless you live in a non-WTO member country, I highly doubt that's accurate. Maybe you're referring to the clause that sometimes appears in fair use/fair dealing statutes that says "multiple copies for classroom use"? If so, no, that doesn't mean you can take a book and copy the entire thing an indefinite number of times (although it does give a lot more flexibility than most educational institutions use).

    I would wager it's more likely that that may be the de facto practice where you live, and nobody enforces the law.

    --
    "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    1. Re:Where do you live? by Bushcat · · Score: 1

      Japan's Chosakukenh.

    2. Re:Where do you live? by Bushcat · · Score: 1

      "Chosakukenh", I mean. Oh for an edit button.

  47. Must be the Book of Eli by Anonymous Coward · · Score: 0

    SPOILER ALERT

    It's in Braille

  48. Uhm keep your book by Atrox666 · · Score: 1

    Why would I want a monstrous book of case law to lug around? There's an old quote "You can't grep dead trees"
    I'd much rather have a searchable e-book.

    I mean it's still an asshat move but there's a reason there aren't anymore telephone books.

    1. Re:Uhm keep your book by frank_adrian314159 · · Score: 1

      Well, I don't know about you, but various mutations of Yellow Pages still get delivered to my door like clockwork every year or so. So they're not dead yet.

      --
      That is all.
  49. Our world is a lie by Anonymous Coward · · Score: 0

    The modern economy, with multibillionaires making money shifting money in spreadsheets, high-frequency trading, the non-ownership of physical goods, and general insanity is mind boggling.

    The world's economy is built on lies and the imagination of psychopaths. I guess we're just lucky they have such strong force of personality, that they can keep it running.

  50. Heh by Anonymous Coward · · Score: 0

    A top Australian university.

    That's the equivalent of what we call a 'third-tier toilet' here in the US. Generally Aussie and Kiwi law students are substandard; only the Germans (and a few French students, go figure) have performed to spec so far. I know this first hand; we had exchange programs with two schools from down under where I attended, and your people regularly get their asses handed to them here while our people tend to go down there and dominate.

    And no, I'm not joking. I never knew there were rednecks in Asia until I ran into the Oz folks and kiwis.

    Put it this way, if you show up to class and haven't read the cases and other assigned materials, the Socratic method will be brutal. One of our professors was a retired judge, and he'd simply drop you from the course for wasting his (and the classes) time if it happened twice.

  51. Obligatory Link to "The Right to Read" by Anonymous Coward · · Score: 0

    Obligatory Link to "The Right to Read" https://www.gnu.org/philosophy/right-to-read.html

  52. Re:This is what you get with guaranteed student lo by Belial6 · · Score: 1

    If you could default on your school loans, the standard procedure would be for virtually every student to declare bankrupcy the day after graduation. Most of them don't have any credit worth protecting. 10 years later, they their still have their degree. They are noticable richer, and they have a clean credit report. No doubt, lenders would also quickly stop even counting the bankrupcy if filed within a year of college graduation anyway, as they would know exeactly what was going on.

  53. Making the useless that much worse. by Benmachine · · Score: 1

    Law school textbooks are among the worst when it comes to actual value. The majority of such books are typically known as "case books" because they simply contain abridged versions of legal opinions selected by the author(s). There is minimal interstitial text, usually a few pointless questions that are supposed to cause a law student to think about the legal implications in greater detail. These are routinely skipped when briefing the case and integrating the same into an outline for study before the one great test of the semester. They are wholly useless books outside the confines of law school as the cases they present are abridged, and often times presented simply to show the historical development of the law. Selling them to other law students at the end of the course was the only way to recoup any sort of value from the texts at all. The promise of receiving a digital copy to keep at the end is meaningless because the value of the book is non-existent once the course concludes. And the publisher knows it, hoping the promise of a digital copy will forestall claims of first sale doctrine violation. I had just two instructors who didn't buy into the law textbook scam. They provided us with a series of legal cites to cases and Code sections that we should review, knowing full well we could pull them off of Westlaw/Lexis Nexis (or, these days, Google Scholar) to review. Both of these instructors taught the most informative, interesting, and useful courses I had in all three years of law school, all without the extra $120 fee for a useless collection of partial cases. I wish more professors followed suit with these guys, who were both active lawyers and not full time professors.

  54. Boycott by Anonymous Coward · · Score: 0

    Time to boycott and protest these professors who support evil publishers. The professors who are writing textbooks are salaried. Make their support of evil organizations painfull.

  55. I took Latin... by Steve_Ussler · · Score: 0

    Professor had the gall to insist we buy the newest edition of his textbook. Like Latin has not changed in 2,000 years.

  56. Racket by liamoohay · · Score: 1

    It's been said elsewhere in this thread that the textbook publishing industry is nothing more than a racket. The publishers routinely release "new" editions to textbook which only differ in having the problem numbers rearranged to attempt to make old editions useless for current classes. The prices in the textbooks are gouged beyond belief. The publisher makes more profit off of a class of students than the instructor does, which makes no sense on margin.

    Part of the problem is that students can't vote with their wallets. The people that make the buying decisions are the professors, or worse the departments. Even without the occasional conflict of interests, these agents have no economic incentive to reduce costs for students. Students' only option to "vote with their wallets" is to look for a different academic program or school, which is rather absurd to regard as an "option". It is only out of the good will of the professor that costs for the students can realistically be minimized, but there are no real incentives to support this at most institutions.

    Once upon a time, there was value added in having a publisher. But this is the 21st century, and there are ways for textbook authors to publish without imposing onerous costs on students. There are even some good publishers that will provide manuscript services at fairly minimal cost. So as I see it, the big textbook publishers have become nothing more than rent collectors in the style of the RIAA/MPAA, leeching off of the work of others. The good news is that academic culture seems to be changing. The younger generation of teachers is sensitive to these issues, and open source publishing looks poised to take off. I personally would view it as an ethical imperative to publish any textbook of my own under Creative Commons, and I think this attitude is becoming increasingly popular.

  57. not much different by Anonymous Coward · · Score: 0

    not much different than a professor writing and publishing their own book as required for the class, which they "update" every year so the last class version cannot be resold and used again.

    Been going on for a loong time around UC schools down to the state, and city colleges.

  58. Fair is fair by DanielOom · · Score: 1

    Now please give me my $ 200 and you get your book back.

  59. Ill effects of Marijuana by Ottibus · · Score: 1

    Most people against marijuana have tried it with no ill effects.

    Interesting theory, but I'm not convinced it is backed by evidence.

    I have not tried it (unless you count passive smoking!) but I am against marijuana because I have seen the ill effect it had on someone else.

  60. Re:This is what you get with guaranteed student lo by Joe_Dragon · · Score: 1

    and then the cost school will go down / useless majors will go a way. Even some kind of half way system that stops the abuse and does not all students a free out.

  61. Good by Anonymous Coward · · Score: 0

    What you guys don't realize us that this could lead to fewer law school graduates and so fewer patent and copyright trolls.

  62. Re:Refresh their web page in a FOR LOOP by david_thornley · · Score: 1

    ...but two Wrights make an airplane.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  63. The post parent to that link by Anonymous Coward · · Score: 0

    Shows K.S. Kyosuke using ad hominem attacks on apk. That's illogical + offtopic. Apk challenged him fairly. K.S. Kyosuke ran from it.

  64. Saw post parent to your link by Anonymous Coward · · Score: 0

    K.S. Kyosuke used illogical off topic ad hominem attacks on apk. Apk challenged him fairly. K.S. Kyosuke ran from it.

  65. K. S. Kyosuke gets called out & ran by Anonymous Coward · · Score: 0

    From a fair challenge like a chickenshit blowhard http://slashdot.org/comments.p...

  66. K. S. Kyosuke = "Run, Forrest: RUN!" by Anonymous Coward · · Score: 0

    From a fair challenge like a chickenshit blowhard http://slashdot.org/comments.p...