Re: [NTLK] Sorry!!!! (was Harry Potter books)

From: Jeremy Bond Shepherd (jbond_at_eskimo.com)
Date: Fri Mar 01 2002 - 11:05:19 EST

> Sorry, folks, it appears my question has gotten a bit out of hand (no
>offense but I would think that drugs take it a little far (although books
>can be addictive! :-) )... Much like claiming that everyone who runs down
>to the photo machine to make a copy should be charged with violating
>copyright laws, even though they generally are for reproducing published
>works.

Samuel,

If the only thing that will satisfy you on this issue is a law or
court ruling specifically addressing your particular situation, that
is, a law stating whether it is legal or not to download an
electronic copy of a book when you own a purchased copy, I don't
think you are going to get your satisfaction.

People here have thoughtfully offered you some similar case law and
judgements that you could use to compare analogous situations and
make an assessment of your risk of legal liability, but as far as I
am aware, no copyright holder or designated representative has yet
attempted to impose penalties against a consumer for downloading an
e-book.

So if you're really going to keep asking the list for a specific case
which would give you legal clearance for the act you are
contemplating, I think it's just going to go on until you get tired.

Why not just take a risk? Download the e-book, and send a letter to
the copyright holder informing them of your actions and inviting them
to sue you or the distributor if they find it objectionable. Then, if
they do sue and it goes to court, once a judgement is rendered we'll
ALL have specific case law documented that we can then refer any
future inquirers to.

I think this is probably the best way for you to get satisfaction on
this issue.

-Jeremy 

-- 
Jeremy Bond Shepherd        |   "If I'm going to keep on visiting you,
San Francisco, CA           |   I'll have to send you some good sherry."
Internet: jbond_at_eskimo.com  |   -Lord Henry Wotton, in Oscar Wilde's
Phone 415-929-0297          |   THE PICTURE OF DORIAN GRAY

PGP Public key can be found on most servers.

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