Want To Resell Your Ebooks? You'd Better Act Fast
Nate the greatest (2261802) writes "Here in the US it is legal to resell your MP3s on Redigi, and thanks to the UsedSoft decision you can resell downloaded software in Europe. But if you want to resell your ebooks you had better act fast. Tom Kabinet launched last week in the Netherlands to offer a marketplace for used ebooks, and it is already getting legal threats. The Dutch Trade Publishers Association (GAU) says that the site is committing piracy and if it doesn't shut down the GAU plans to take it to court. Citing a ruling from a German court, secretary general of the GAU Martijn David said that the question of legality had already been settled. Would anyone care to place a bet on whether the site is still in operation in 6 months?"
https://www.gnu.org/philosophy/right-to-read.html
For Dan Halbert, the road to Tycho began in college—when Lissa Lenz asked to borrow his computer. Hers had broken down, and unless she could borrow another, she would fail her midterm project. There was no one she dared ask, except Dan.
This put Dan in a dilemma. He had to help her—but if he lent her his computer, she might read his books. Aside from the fact that you could go to prison for many years for letting someone else read your books, the very idea shocked him at first. Like everyone, he had been taught since elementary school that sharing books was nasty and wrong—something that only pirates would do.
And there wasn't much chance that the SPA—the Software Protection Authority—would fail to catch him. In his software class, Dan had learned that each book had a copyright monitor that reported when and where it was read, and by whom, to Central Licensing. (They used this information to catch reading pirates, but also to sell personal interest profiles to retailers.) The next time his computer was networked, Central Licensing would find out. He, as computer owner, would receive the harshest punishment—for not taking pains to prevent the crime.
Of course, Lissa did not necessarily intend to read his books. She might want the computer only to write her midterm. But Dan knew she came from a middle-class family and could hardly afford the tuition, let alone her reading fees. Reading his books might be the only way she could graduate. He understood this situation; he himself had had to borrow to pay for all the research papers he read. (Ten percent of those fees went to the researchers who wrote the papers; since Dan aimed for an academic career, he could hope that his own research papers, if frequently referenced, would bring in enough to repay this loan.)
Later on, Dan would learn there was a time when anyone could go to the library and read journal articles, and even books, without having to pay. There were independent scholars who read thousands of pages without government library grants. But in the 1990s, both commercial and nonprofit journal publishers had begun charging fees for access. By 2047, libraries offering free public access to scholarly literature were a dim memory.
There were ways, of course, to get around the SPA and Central Licensing. They were themselves illegal. Dan had had a classmate in software, Frank Martucci, who had obtained an illicit debugging tool, and used it to skip over the copyright monitor code when reading books. But he had told too many friends about it, and one of them turned him in to the SPA for a reward (students deep in debt were easily tempted into betrayal). In 2047, Frank was in prison, not for pirate reading, but for possessing a debugger.
Dan would later learn that there was a time when anyone could have debugging tools. There were even free debugging tools available on CD or downloadable over the net. But ordinary users started using them to bypass copyright monitors, and eventually a judge ruled that this had become their principal use in actual practice. This meant they were illegal; the debuggers' developers were sent to prison.
Programmers still needed debugging tools, of course, but debugger vendors in 2047 distributed numbered copies only, and only to officially licensed and bonded programmers. The debugger Dan used in software class was kept behind a special firewall so that it could be used only for class exercises.
It was also possible to bypass the copyright monitors by installing a modified system kernel. Dan would eventually find out about the free kernels, even entire free operating systems, that had existed around the turn of the century. But not only were they illegal, like debuggers—you could not install one if you had one, without knowing your computer's root password. And neither the FBI nor Microsoft Support would tell you that.
Dan conclud
Does it go on forever?
I get most of my books from qbittorrent. I didn't realize they might have a resell value. A lot of my other books come from Kindle Cloud. I knew that I could loan a book out, but I had no idea that I could "resell" it.
This is why I like dead tree books. I can do with it what I want. Hell, I can even shred it, roll it, and smoke it if I want.
"Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
The law covers Europe. Netherlands and Germany are both in Europe. So it is very likely it can be used.
Nope.
1) Lots of countries take into consideration rulings from elsewhere, even if they aren't binding, e.g. Commonwealth;
2) Sometimes there is a specific legal hierarchy, so e.g. a ruling on interpretation of European law in one EU state would definitely be relevant to another;
3) Various horrid international treaties on trade and IP mean that countries end up respecting each others' legal rulings (except when they don't - for example, the US expects everyone "free trade" treaties, but isn't stupid enough to do so itself). It's a lot easy to set up a restriction than it is to tear it down. So, rulings on copyrights and patents tend to have legal force across borders, but one country cannot invalidate a patient or copyright internationally.
Banning has already eradicated many other invisible activities, such as growing and smoking marijuana. I'm waiting for another smashing success here!
Ezekiel 23:20
By Europe i mean the European Union - which btw (at least not yet) none of the other countries your mention are members of.
Funny how commercial entities (which the GAU obviously is, even if they do not sell anything themselves) seem to think that when the carrier material changes -- in this case from wood to ... nothing? -- the rights for that what actually has the value, the "message" if you will, suddenly also changes.
Is this maybe another of those "if its 'with a computer' than all bets are off" thingies patents seem to float so well on ?
it is just a market place. ''the site operates on an honor basis.'' it expects that once you have sold your e-book that you delete it from your machines. If you do not then it is you who commits piracy. It is an issue of trust: the book publisher/author knows that it is all too easy for someone to sell a book once they have read it but still keep the copy. But just because it is easy does not mean that everyone will keep a copy. I do have to admit that many will sell and keep.
I do not know what the answer it, shutting down a market place or wrapping the book in DRM are not the answers.
The ruling is a German ruling, not a European ruling (Europe has it's own court).
German rulings do not apply to Europe or any part of Europe other than Germany.
Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
Just pirate the books instead.
Assuming no other copy of 'your' book exists, its not piracy, any more than the library is.
Now, perhaps if you cant guarantee there are no other copies, i suppose they could say something, but that should be on the seller to be complaint, not this company.
---- Booth was a patriot ----
This happens CONSTANTLY: I know, & found my wares in books from the USA & for instance, Germany, many times (minus my explicit permission allowing them to include it on CD's or floppies that came with the book).
Personally?
I didn't *mind* it so much to be honest!
(As it's good 'p.r.' for me is why, even helped on job interviews many times, splitting hairs vs. my competition, which is LARGELY why I did freeware actually - for THAT very purpose, over the decades - well, that & getting BOUGHT OUT + having my code put into successfully commercially sold wares too).
* I.E./E.G. - I would write said publisher asking for a copy of the book, or magazine, & every SINGLE time, they'd send me one, gratis (for doing what they did minus asking me of course).
APK
P.S.=> It happens, & it's not necessarily a "bad thing" either, per my statements above... +, hey: It gets you a FREE COPY of that book or magazine too (if not a subscription, which happened for me once too) - bonus!
... apk
That is a regional court in a part of the country that is best know for the joke that it doesn't actually exist and nothing much beyond that.
Even within Germany that ruling is about as irrelevant as it can get.
It's not that easy. In general central european coutries have very similar laws and the judicial communities to exchange their views on topics that concern the overall european community. So while strictly speaking the german ruling is not applicable, it is highly likely that a dutch court would come to the same conclusion (especially in areas like copyrights, where most local laws are variations of the same EU directive).
However, citing a decision from a "Landgericht" and stating that the matter had been settled is quite daring. In Germany, no legal matter is really considered to be settled unless there is a decision from the Federal Court of Justice, so two more levels of appeal are possible before that matter can be considered to be settled
Why is it that when prosecuting file sharers, the IP firms of the world are adamant that "digital property" is no different than tangible property (that "stealing" a movie or song is the same as stealing a car), but when that interpretation favors the customer they're suddenly all about digital property isn't the same as tangible property? Yeah, fuck you guys. That's why I pirate everything I can.
If they can sell a copy but still keep the original, why can't I?
Those who pay for ebooks and those who don't. Why would anyone who pays for ebooks use such a site to pirate ebooks, and why would anyone who doesn't pay for ebooks?
Happy I never wasted my money nor time on ebook technology:
IMDB quote:
"Star Trek: Court Martial (#1.20)" (1967)
Cogley: Books, young man, books. Thousands of them. If time wasn't so important, I'd show you something. My library. Thousands of books.
Captain James T. Kirk: And what would be the point?
Cogley: This is where the law is. Not in that homogenized, pasteurized synthesizer. Do you want to know the law? The ancient concepts in their own language? Learn the intent of the men who wrote them, from Moses to the tribunal of Alpha III? Books.
Captain James T. Kirk: You have to be either an obsessive crackpot who's escaped from his keeper, or Samuel T. Cogley, attorney at law.
Cogley: You're right on both counts. Need a lawyer?
Captain James T. Kirk: I'm afraid so. ?"
Tracy Johnson
Old fashioned text games hosted below:
http://empire.openmpe.com/
BT
You're obviously attempting to project your OWN issues onto me, & failing as I don't harm children in ANY way, nor am I some pedophile freak!
So understand that, above ALL else - they're the future & not corrupted by life, which YOU obviously are...
(Heck - I can't even dislike you, & instead, I pity you, I truly do. You're damaged goods, psychologically (obviously)).
QUESTION: Just how BADLY did I spank you (after you brought it on yourself, no doubt, as I do *NOT* start trouble, I only finish it to MY satisfaction) in some technical debate here, that it's "got your goat" to this very day?
Has to be that, since your "geek angst" is still 'up' & what-not... lol you're all "butthurt" over it still & ODDS ARE way, Way, WAY STRONG you brought it on yourself, attempting to attack your betters (in myself) just when you probably "thought you knew it all" & I utterly SCHOOLED your lame undereducated ass, totally!
APK
P.S.=> Answer that please - I am *truly* curious, since you're acting worse than a woman does when you tell her to "hit the road, you're fired", lol... apk
A German court ruling doesn't even apply to another case in the same German court, nor a Dutch ruling to another Dutch court. None of these countries are common law countries, which means precedence is non-binding. They do however _look_ at other court rulings and look at the arguments and conclusions, which you can do across any curistiction, so in most countries (since only very few are common law like the UK and US), looking at a ruling from another country is not that odd especially when the laws are the same or similar.
I write books for a living (see sig). I've published 7 novels and 20-ish short stories/novellas, whatever.
My gut feeling is that if you paid for anything I wrote, you can resell it, as long as you do it once and delete the original. Yes, I know there is no way I can enforce this, but I also don't really give a shit.
Most authors do not feel this way and I'm not really sure why. I suspect it's because there's a feeling that most people won't do this and will just be reselling books en-masse for their own profit. Obviously, this is bad. If anyone can take a book I wrote and sell hundreds of copies for their own gain, well, that's not good for me. I wrote it, only I can sell it in that manner. If you bought a copy, you can re-sell it, but only that copy. It makes sense to me.
Opposition to re-selling of purchased ebooks (once, and with full transferal of the right to read the ebook) is quite prevalent amongst the author community, but I feel that this fails, largely, to take into account that there are hundreds if not thousands of ebook piracy sites where almost all of our for-pay work is available for free with no such restrictions. Yet I still sell thousands of dollars of books a month.
Accordingly, I still feel confident that I can sell books, for profit, mainly because I price aggressively, and sites like Google Play/Amazon/etc are convenient and people are happy to pay a few bucks for convenience.
If your readers are your enemy you've already lost.
Check out my sci-fi book "Lacuna" at http://goo.gl/MVxX8
Having switched completely to all kinds of unixes and FirefoxOS on the phone i'm unable to read that DRM-bullshit amazon is selling. Will never buy an ebook that has DRM again. And it's even more outrageous that the Sellers claim i can't resell it, so i will probably not buy an ebook again, DRM or not.
I believe in DRM free ebooks, too. My book, Fire Light (Trinity of Mind book 1), is DRM free. I also know a few other authors that sell DRM free books. However, I haven't even taking time to see if I can actually transfer them. I just click the box, DRM free when I publish.