Frankly, I am disturbed by the reported/published opinions of judges and of legal scholars, of educators and other members of the intelligentsia who ought to understand what the law is with regard to the rights of authors, musicians, photographers and other creators to be paid whenever their work is enjoyed by a new user or monetized for profit by a third party.
Sometimes, good-hearted people use sloppy language. I hope that this was the case in a legal blog that came to my notice yesterday.
A big question about the future of the book publishing business: who sets the price of eBooks?The author of the article for Lexology was written by one Mr. Fisher. As an author, I believe that there are a few misstatements of fact, that do authors and creators a disservice.
For instance, there is this statement, which refers to music and publishing.
"There are significant differences in the two businesses, even though they both obviously involve sale of copyrighted content."
I find this wording problematic. The copyrighted content is not sold ever. In the case of paper books, the paper is sold and First Sale Doctrine obtains. In the case of e-books, the right to read the content is licensed.
The lawyer continues
Another good resource for standard excuses for piracy and common sense replies is
One of my good friends recently found an illegal copy of a book that is sold only and exclusively on Amazon being offered on a WORDPRESS site. This is an example of an offering (not hers):
If you would like download "XXXredactedXXX by ReactedFirstname RedactedLastname (2 Feb 2012), you are in the right place. On the website we have this file in doc, pdf and epub.
http://ebookeoredactedurl.com (The url will not work, because I have messed with it.)
Clicking a bitly shortened url (also messed with) http://bit.ly/
Complete an Offer to Continue Your Download!
_Please complete an offer below to unlock this page!_
*Watch the Funniest Videos Online!*
*Choose Correctly & Win an AUDI Sports Car!*
*Fill up at Sainsburys Petrol Stations on us!*
*Chance to take a £1,000 Shopping Spree!*
*WIN the New iPhone 5!*
It appears to this author that APPLE, Sainsburys, and AUDI are making it profitable for a pirate to infringe the copyright of an author. WORDPRESS is making it profitable. I assume that an online payment processor is facilitating payments to everyone involved except for the person who spent years writing the book.