Marilynn Byerly has graciously consented to allow me to repost an article she posted on her own "Adventures In Writing" blog in November 2013.
Marilynn's comments are important as the USPTO is about to host a Roundtable on the topic of copyright reform with regard to whether First Sale Doctrine should apply to digital works, and as a group of Berkeley lawyers attempts to start a "grassroots" movement to change (weaken) copyright protections under the law--which I infer is for the benefit of Amazon, Google, libraries, and freetards-- but not for professional authors.
Digital First Sale and the possible changes to copyright law
that would allow an ebook to be resold.
is e-book piracy. Some think that cheaper books mean less reason to
pirate books and that’s true to a certain extent, but used e-books also
mean that authors and publishers will no longer be able to prove
that an online copy has been stolen.
resellers/distributors like Amazon Kindle, BN’s Nook, and Smashwords.
If a book is available at any other site, the publisher and author know
instantly that that book is pirated, and they help the authorities take
these sites down.
book-selling sites so the consumer is no wiser that they are buying
stolen books. Some of these sites actually sell the books, others
are scams which steal credit card information and install viruses
on the victim’s computer.
the legal radar.
by legal owners so they can continue their dispersal of illegal copies.
of copies of the same ebook by saying that they are selling one used,
there will be no way for the author/publisher to prove this.
This will essentially make book theft a crime that can’t be punished.
be able to tell who is a legitimate reseller and who isn’t.
ones, the profit margin for authors and publishers which is small now
will plummet to the point that publishing will no longer be profitable
for anyone, and those who make the money will have done nothing
to create books.