I'm not trying to justify anything. I think that posting copyrighted
material for anyone to download is in breach of copyright law. But I think
you've got it backwards.
It's illegal to post copyright material without permission on the web
because there is no adequate control, and it is therefore probable that
illegal copies will be made. If you post material for people to download in
such a way that _only_ those who have the right to make/use copies can do
so, then there is no problem.
The University System of Georgia website gives an example of this: posting
material for class use on a website that only students can access (OK,
provided the students' use is covered by fair use) and posting it on a
public site where the students and anyone else can get it (definitely not
OK)
The issue of whether you make the copy yourself or get someone else to do it
is not relevant. If you get a copy bureau to copy your book, it's legal if
you would be entitled to copy it yourself, illegal otherwise (unless the
copy bureau pays a royalty, which is another matter altogether).
Brian
-----Original Message-----
From: DON [mailto:don_at_dcphotos.com]
Sent: 06 November 2001 14:42
To: newtontalk_at_newtontalk.net
Subject: Re: [NTLK] (Lord of the Rings) in Newton Book format
> From: brian.tiplady_at_astrazeneca.com
> Subject: Re: [NTLK] (Lord of the Rings) in Newton Book format
> Date: Tue, 6 Nov 2001 09:51:02 +0100
>
> Yes, but there are two actions. The first is downloading. If I download an
> ecopy of LOTR and I already own a paper copy of the book, there is no
> difference from taking my own book and scanning it into a computer file.
.
> The second action, which is the one which is actually in question is
placing
> the file on a server for all and sundry to download. This is where Napster
> came to grief, because, taking all the circumstances into account, this
was
> held to be an invitation to copyright infringement.
>
> -- B
There is in fact a huge difference. First, the public "broadcast" is
illegal, he has no right to make it available to everyone. Who or what gives
him the right to make this available? Second, the acquiring and possession
of an illegal copy. Look at it the other way, if I buy an ebook I do not
have the right to start printing hard copies for distribution. I "MAY" have
the right to print a hardcopy for "backup" for myself, MAYBE.
Sorry, but you do have to do the work yourself. I know it is splitting hairs
but you really need to do it yourself on your own copy to be legal. It is
and will always remain an Illegal COPY of the book. Would the law care if
you did in fact own a hardcopy, I'd say NO.
Now again, I have no beef with anyone downloading the book. It's these
"justifications" I do not like to see.
©Don
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