Showing posts with label piracy. Show all posts
Showing posts with label piracy. Show all posts

Sunday, March 09, 2014

Pirate site BookZa claims to be "library", financed by Doubleclick (Google subsidiary_



There are writers who feel that piracy is not a concern to them, or that piracy is beneficial. I am not one of that ilk.

How does it help me --or you-- that Disney and Norton place paid adverts on BookZa on pages illegally offering my books to anyone who wants to download them free?

I own the copyright. I did not give permission for BookZa to create illegal versions of my titles or to publish and distribute my titles.

A friend gave me a heads-up about BookZa. Here is one of the many pages sharing my stuff   http://bookza.org/g/Mate%20Forced

I was able to copy the illegal links on the page, but not the Google-placed advertisement.
Now, what is happening to tax revenues as a result of this piracy?

The pirate probably isn't paying taxes. Is the income from Norton and Disney and other advertisers paid to Google greater that the income would be if income taxes were paid at the individual rates? I have no way of knowing.

There is another site that is in my opinion a pirate site. It is Mobilism.org and although it posts a copyright page, it pays uploaders in WRZ and it does not (appear to me to) ban prolific uploaders no matter how many takedown notices are sent in.

Here's the link to the page of someone who apparently uploads an average of 4 ebooks every day, and appears to have uploaded material encouraging people to infringe the copyrights of more than TWO THOUSAND AND SEVEN HUNDRED works.
http://forum.mobilism.org/search.php?author_id=644185&sr=posts

The ebooks that KellyKing29 has allegedly uploaded are hosted on TusFiles and on Hulkload.

Here is mobilism's "policy".  In my opinion, they would not be in business if they enforced it or followed it.


Copyright policy
Last modified: 15 April 2013

Mobilism does not condone, allow or permit copyrighted content to be uploaded to our servers. Please ensure you read and understand this policy before uploading to Mobilism servers or filing a copyright infringement notice.

DMCA
Mobilism accepts DMCA infringement notices for copyrighted material.

External infringements
To file an infringement notice for a file that is not hosted on Mobilism servers (subdomains ending in .mobilism.org), please follow the copyright infringement process of the site the file is hosted on. Mobilism does not have access to remove files on external services and therefore may not respond to copyright infringement notices relating to files on external services.

Internal infringements
Mobilism may remove pages that link to copyrighted material. To file a copyright infringement notice with Mobilism, you must provide written communication using one of two methods set forth below. By filing a copyright infringement notice you understand and accept if you materially misrepresent that a product or activity is infringing on your copyright, you will be liable for damages including costs and attorney fees. 

Option One, Email: Your notice must contain all of the following to be accepted:
  • Details of the copyrighted work that you believe is infringed upon including its location under the mobilism.org domain.
  • An email address where Mobilism can contact you.
  • Information and/or proof that you are the copyright holder or authorized to act on behalf of the copyright owner.
  • The statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  • digital signature.

Mobilism will generally handle complaints within 48 hours of the complaint being received. The contact details for filing a copyright infringement notice can be found on our contact us page

Option Two, Registering as a Developer/Author/Other copyright holder or representitive: Alternatively to filing a copyright complaint by email, you may register on the forum and send a private message (PM) to the Section Head of the forum where the infringing content was posted. Section heads are listed on the index under the title of each section. Your first notice must include all of the following to be accepted:
  • Details of the copyrighted work that you believe is infringed upon including its location under the mobilism.org domain.
  • Information and/or proof that you are the copyright holder or authorized to act on behalf of the copyright owner.
  • The statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Once your identity is confirmed, subsequent emails are only required to have a link to the infringing content and the statement of the last bulletpoint. Messaging section heads directly will generally result in much faster removal than emailing us.

Repeat infringers
Any users of Mobilism services who repeatedly upload copyrighted material to Mobilism servers may have a permanent ban placed on their account if they are issued with more than two infringement notices.


Piracy is big business, but not for the majority of authors who are being ripped off. Think what they could be earning if Google, PayPal, file hosting sites, major businesses that advertise on pirate sites etc had morals.

This is back to the BookZa page.


Rowena Cherry

Category: fiction

530 KB, English

Sunday, December 08, 2013

Judge Denny Chin Was Mistaken About The Fairness Of Scanning

I had planned to blog about something else....  (How Wrong Rand Paul Is In Supporting Internet Anarchy) however, today I did a bit of pirating with the most pure of motives, and I'd like to spread the word.

Judge Denny Chin decided that Google Books and Google Book scanning is Fair Use. Now, there are four well-recognized tests for whether something is Fair Use or not, and the most important one is whether the activity causes financial loss to the copyright owner.

This morning, Google cost the publishers and authors of WORLD CIVILIZATIONS at least $124.00
(assuming I wouldn't rent it from Amazon, or buy a used copy). Actually, to digress, Amazon's price surprises me. MBS which is supposed to be a cost-effective source for students is selling new copies for $262.00.

I should add another disclaimer. Google claims that the pages are displayed on Google Books by permission of the publisher.
http://books.google.com/books?as_brr=3&as_pt=BOOKS&id=z4mr9PVsCfkC&dq=978-0-495-91300-9&q=Samauri#v=onepage&q=Samauri&f=false

Cengage Learning
Pages displayed by permission of Cengage LearningCopyright

I wonder whether the publisher gave permission "willingly", and whether the publisher would have been so willing if they knew how many pages Google displays as "preview".  I certainly was able to use simple search terms to enable me to do the required reading for a student's homework reading for last week, and also for this week, and next week. (Let me repeat, the student in question has a legally purchased copy of the text. I just was curious about the student's allegations about turgid prose. FWIW, and not to add insult to injury, I found the prose absolutely fascinating.)

Was Judge Denny Chin impressed by the fact that Google Books omits pages, such as 178? I wanted to know whether I could find Page 178 by other means, so I tried other search terms on Google Books, and found a portion of page 178, even though that page was not supposed to be shown at all.

I then took the keyword from what was available on 178, and the ISBN of the book, and went to Google to do a search. I will not share either the lucky keyword or the screen capture of the Google search page, but .... it took me to a .pdf  OF THE ENTIRE BOOK.

Which entire book, I was able to download (in the pure and clean-handed spirit of scholarly inquiry) from that Google Search page without any hindrance or warning that what I was doing was in any way evil and immoral.

This situation is wrong. It should not happen. Judge Denny Chin should not have allowed it to happen. I have informed Authors' Guild, and I hope that other students and copyright activists will take expensive books that they have already purchased legally, and test whether they are able to illegally download copies using Google Books and Google Search.... and help to make a bit of a stink about what it happening to copyright, and how unfair "Fair Use" abuse can be.

All the best,
Rowena Cherry
SPACE SNARK™ http://www.spacesnark.com/ 

Sunday, November 24, 2013

Copyright: Those who speak to Congress, speak for themselves.


This week, I respectfully present a round-up of a few discussions of copyright issues around the internet that interest this author.

Most Upsetting (to me)
" .... speakers emphasized education and voluntary cooperation over legislation, even as they acknowledged that voluntary efforts by search engines–a chief gateway to pirated works–had not been effective."

http://www.authorsguild.org/general/no-sopa-speakers-downplay-legislation-at-house-online-piracy-hearing/

Who were the "speakers"? One was John McCoskey, executive VP and CTO of the Motion Picture Association of America.

Allegedly, he said that  "the bad actors were not the search engines but the pirate sites."
That may be the view of the MPAA, but it does not represent the views or experience of many musicians and authors whom I follow.

On the internet, the key to piracy is to follow the money, in this author's opinion. The search engines encourage the creation of pirate sites by making pirate sites profitable. If the search engines were barred by law from also placing paid advertisements on pirate sites and thereby profiting from piracy and making piracy profitable, the search engines might escape blame.

The High Cost of Free (Music)
http://www.eastbayexpress.com/oakland/the-high-cost-of-free/Content?oid=3762154
In this article, journalist Kathleen Richards discusses a documentary "Unsound" about how piracy has affected a sampling of musicians.

When she writes, "It's a topic that threatens their livelihoods, yet few have talked about it publicly, because those who have have been criticized and ostracized by the fans they rely on to make a living...." she could equally well be writing about authors.

Cyber-bullying and intimidation are rife when people who don't mind paying for expensive equipment, and for softward to protect "their freedom", become abusive when anyone dares to suggest that the creator of the entertaining content ought to be paid.

However, the comments on this article are mostly by musicians, for musicians, and well worth reading. The coarse and abusive remarks by the pirates and bullies have been removed.

Not so, with the next interesting article on piracy!

Too Many Americans Think Piracy Is Okay.
http://www.thewrap.com/congresswoman-judy-chu-many-americans-think-piracy-okay/
Kudos to Congresswoman Judy Chu for speaking out. Brickbats to the lowlifes who make racist comments about Congresswoman Chu, and vulgar comments about the unfortunate perspective taken by the photographer.

An absolutely typical piratical argument follows these lines quoted in part from one commenter:
"consider the fact that most of us won't have a shred of pity for these billionaire corporations whose members have private islands for themselves while we have to struggle to pay rent. Everyone else in the industry will be completely fine despite piracy. Movies are making more money than ever right now so none of these set-technicians or caterers or whatever will be negatively effected.(sic) Ms. Chu can **** right off."
 
Note the assumptions:
1) All copyright owners are billionaire corporations.
2) Copyright owners own private islands.
3) Income inequality is not fair/People who are not billionaires are justified in pirating.
4) Piracy doesn't hurt anyone at all who works in the entertainment industry.
5) Caterers and set-technicians will not be hurt by piracy.

Finally, whoever JemJem is, one has to admire the succinctness and wit of his/her comment on a hostile Authors' Guild discussion about Judge Denny Chin's volte face on the Google Book Scanning saga.

" Our rights to what's yours supersedes your rights to what's yours."

Apparently, the end justifies the means in Denny Chin's courtroom, and it is not copyright infringement if one scans an entire copyrighted work without permission or compensation as long as one only displays (and makes money from) the parts of the work that people want to read.

Does this open the door to an unauthorized anthology of the world's greatest sex scenes? Would that be transformative?

Opting-in would have made so much more sense, and been so much fairer.

All the best,
Rowena Cherry
SPACE SNARK™ http://www.spacesnark.com/ 

Sunday, June 30, 2013

Singers and Songwriters are Canaries in the Gold Mine

What do Harlequin (Publishing) and Pandora (music streaming) have in common?

For one thing, in my opinion, they are both major businesses attempting to screw content creators any way they can, using ruthless (as it seems to me) legal manoeuvres to change laws and find loopholes in contracts so that they pay less and pocket more.

I think, but I often feel that I am nearly alone in my suspicions, that the almost universal acceptance of copyright infringement, and the attempts by powerful lobbies to make online "looting" legal, is going to result in more and more big businesses trying to find ways to exploit content creators. It is not going to stop with the "free music" movement.

Music is a shot across the bows for authors.

Moreover, the liberal Media is mostly on the side of Big Business. How ironic. The ignorance of the media is absolutely gobsmacking. For instance, one article stated  "this is a choice about how America wants to subsidize its musicians and other artists."

Word to the wise, America does not "subsidize" musicians and authors and artists. Musicians, and authors, and artists, and other creators are paid royalties, which are a fraction of the profits made on legal sales or licensed rights of copies of their creations. If their good stuff is not paid for, they don't get paid.

For The Trichordist's perspective on Pandora, look here:

http://thetrichordist.com/2013/06/28/artists-speak-out-on-pandoras-proposed-royalty-rate-cuts/

Streaming music is likely to be a very big deal, and some suggest that fewer people will "share" music illegally if they can subscribe to a legal service, but ... how much better will that be for songwriters and musicians if a song can be played 3,000,000 times and the musician gets $30 ?

Is it inconceivable that the same could happen to authors on day? An e-book is "read" 3,000,000 times, and the author gets $30?

Reference: Songwriter Ellen Shipley in Digitial Music News, “My Song Was Played 3.1 Million Times on Pandora. My Check Was $39…

This recent study http://musically.com/2013/01/16/copy-culture-study-outlines-us-and-german-filesharing-streaming-habits/ finds that, "Nearly half of adults in the US and Germany participate in a broad, informal ‘copy culture’ characterised by the copying, sharing, and downloading of music, movies, TV shows, and other digital mediaT 

Some "sharing" and re-selling of digital content has been made legal in Europe, and may be made legal in the USA at some point in the future. If it happens, Big Business is ready.... and authors are not ready, and won't know what hit them.

An older study http://piracy.americanassembly.org/the-copy-culture-survey-infringement-and-enforcement-in-the-us/ from 2011 and based on a relatively small sample found, among many things that piracy is common (46%), and almost 70% of the population are opposed to copyright enforcement or to meaningful copyright penalties for repeat offenders.

Ah, well. All I can say is that I encourage authors to join the copyrightalliance.org and at the very least to refrain from infringing the copyrights of cover models, photographers, musicians and other creators because at some point, creators may need to come to the table with clean hands and support one another.

On a happier note, I am pleased to announce that on Tuesday July 2nd my 5pm Eastern Time radio show on pwrtalk.com will be Real History And Regency Marriage with Romance Author Cheryl Bolen.

Rowena Cherry

SPACE SNARK™ http://www.spacesnark.com/ 
‘Piracy’ is common
‘Piracy’ is common. Some 46% of adults have bought, copied, or downloaded unauthorized music, TV shows or movies. - See more at: http://piracy.americanassembly.org/the-copy-culture-survey-infringement-and-enforcement-in-the-us/#sthash.x8Ufk7Iq.dpuf
‘Piracy’ is common. Some 46% of adults have bought, copied, or downloaded unauthorized music, TV shows or movies.* - See more at: http://piracy.americanassembly.org/the-copy-culture-survey-infringement-and-enforcement-in-the-us/#sthash.x8Ufk7Iq.dpuf
‘Piracy’ is common. Some 46% of adults have bought, copied, or downloaded unauthorized music, TV shows or movies.* - See more at: http://piracy.americanassembly.org/the-copy-culture-survey-infringement-and-enforcement-in-the-us/#sthash.x8Ufk7Iq.dpuf

Sunday, October 10, 2010

"Free" and "Freely Available" does not mean Legally Available

Yesterday, I wrote to the Government to offer my opinions on copyright and on what should be done about pirates.  I'd like to share what I wrote.

What I wrote is likely to be posted on the government website for the purpose in any case, and by the way, the public posting of protests by authors is one of the many ways that book pirates and their sympathizers covertly try to intimidate and silence those who are harmed by piracy.


To:  copyright-noi-2010@ntia.doc.gov

Dear Sirs,

Thank you for your focus on copyright protection and innovation on the internet.

I am an author and a rights holder, and my rights have been infringed by corporations, charities shielded by the Chafee Amendment, and by individuals both for profit and for popularity. Advertisers, advertisement aggregators, hosting sites, file sharing sites, auction sites, subscription sites, and individuals have benefited in a small way from the illegal distribution of my work without my permission and in violation of my rights.

Under the DMCA, many sites that facilitate copyright infringement are obliged to remove infringing works, but only if and when they receive a notice from the copyright owner herself. If the author is unaware of infringement, it continues unchecked.

As I see it, there is no real downside to piracy. The worst that can happen is that the pirate benefits (as does PayPal, for instance, from fees on payments made by individuals to "pirates") until the file is removed at the request of the author. Many times, the pirate then simply "re-ups" the file.

Here is one example of where just one of my books is being pirated. This novella costs $2.50 to $3.50 depending where it is purchased legally.
http://astatalk.com/release/9675/1/Rowena_Cherry_-_Mating_Net/

The copyrighted artwork has been "lifted" without my permission from my website, a further infringement.

You will notice that Astatalk provides instant sharing functionality, so that anyone at all with a click of a mouse can "share" the link to my work with all their contacts on Twitter or Facebook or any other site.

Please look at this page.
http://astatalk.com/community/top/p/1/

Here, you may see the "top" members of Astatalk, and how many works they have "shared".  Notice that this pirate site has more than 580,000 registered members. Note that the top member appears to have shared over 34,000 items.

If you look here http://astatalk.com/board/ you can view the wide variety of copyrighted works being "shared".

Astatalk is one of dozens of such sites.

In my opinion, there are many useful and reasonable measures that could be taken by the government to protect rights holders.

1. Part of the problem with piracy is lack of education and information. Many internet users "share" because they do not appreciate that what they are doing is illegal and harmful.

2. Terms should have a legal definition.

"Free" and "freely available" are used to describe in-copyright works that have been uploaded in violation of the rights of the copyright owner, thus misleading the honest public.

"Sharing" is a euphemism that suggests that the act of copyright infringement is socially acceptable, and benign.

"Information" is currently used to refer equally to fact and fiction. Works of fiction are "entertainment" not "information" or essential "knowledge". A distinction ought to be made. While individuals may have an intrinsic right to acquire "knowledge", they may not have an equal right to free "entertainment".

(It should be noted that public libraries provide legal, free access to works of fiction and also reference works.)

Other poorly understood terms with respect to e-books include "Fair Use", "Ownership", "First Sale Rights", "ReSell Rights", "Public Domain", "Library".

3. It is not helpful that the current law forces authors into an adversarial relationship with readers -- if the authors wish to protect their copyrights.

4. Rights owners are silenced by intimidation. If one sends a DMCA, one's private information is liable to be made public. The same standard does not apply to "pirates". Their anonymity is protected. Alleged infringers should not have a greater right to privacy than their victims.

5. If a person abuses equipment and breaks the law (a car, a gun etc) that abuser loses the privilege of driving, gun ownership, and sometimes their freedom, etc.

Use of the internet is not a human right, it is a privilege and a convenience. Chronic abusers of the internet should perhaps lose their "right" to privacy, and possibly be permitted only to use the internet via fee-based mobile devices and computers in public buildings such as libraries.

In the case of a confirmed and proven "pirate" a portion of the fees they pay for "Minutes" (on mobile devices) should be garnished to fund reasonable restitution to the copyright owners or else to fund a copyright enforcement body. The current fines upon conviction ($250,000 per work) are ridiculous and must tend to promote hostility and defiance on principle.


6. Copyright is the only retirement plan some creators have. Creators do not receive 401Ks or employer sponsored pensions, or matching contributions, or health care coverage, etc. Therefore, copyright protections ought to be long-lasting. (As they now are).

If we must agree to shorten copyright to achieve international conformity --so all Berne signatory nations enforce the same standards-- fifty years might be reasonable. Ten years is too few, since many times it takes more than ten years before a work comes to market and generates income for the creator.

If a creator cannot expect to make a fair return on the investment of expertise, time, and labor, creators will either produce work of lesser quality, or will turn to other endeavors. In either case, our culture is impoverished.

If "entertainment" is to be defined by the government as essential to innovation and growth, and if "entertainment" is to flow freely, then the government must compensate the providers of the "entertainment". It would be better NOT to so define "entertainment" and to leave entertainment to the private sector.

As the law currently stands, all vendors of e-book readers that permit limited "sharing" are in technical breach of copyright law. Patently, the law must change.

Owing to e-reader manufacturers' beliefs about what the public wants, authors are obliged to offer up to 10 e-books for the price of one without negotiation. Under some publishing contracts, an author may be permitted to "share" a mere 5 free copies of her own e-book. Any Nook owner may share up to 10 free copies of that same author's e-book. Surely, the owner of the copyright ought to have more rights than the man in the street.


While making copyright logical, fair, clear, comprehensible... it seems to me that the same rules should apply to schools and universities as applies in the real world.

For all their formative years, young people are taught the version of copyright that applies to educational institutions. What we would consider "piracy" is commonplace, and condoned within schools. Then, the young people graduate, and all of a sudden they are expected to understand and obey copyright rules that are very different from everything they've ever been taught or have experienced or have seen authority figures apply.

It's no wonder so many readers are skeptical, incredulous, and outraged by the DMCA.

Finally, as you work to
  1. Generate benefits for rights holders of creative works accessible online and make recommendations with respect to those who infringe on those rights;
  2. Enable the robust and free flow of information to facilitate innovation and growth of the Internet economy; and
  3. Ensure transparency and due process in cooperative efforts to build confidence in the Internet as a means of distributing copyrighted works.
please consider that one of the most frustrating aspects right now is the violation of an author's right to negotiate and benefit from the reproduction and distribution of their work. An author may reserve valuable Audio rights, or E-Book rights from a print publishing contract because she intends to market them elsewhere.

If those rights are not available, they are simply taken (sometimes legally). Moreover, the author is judged upon the poor quality of those illegally obtained and illegally published and distributed results, adding insult to injury.

Sincerely,

Rowena Cherry

"Copyright is a writer's pension plan" (Allan Lynch)
EPIC Award winner, Friend of ePublishing for Crazy Tuesday



For more discussions of piracy, please visit my personal blog http://www.rowenacherry.blogspot.com

Where I ask, "What would you think, if you saw this in your email?"
Another 54 Complimentary Books. 
Book Mix 20
  
Dear Members
We are sure you will find something of interest in this terrific mix of complimentary books!
Another 54 Free Books for Everyone! (Book Mix 20). When you click the link below, follow the simple instructions on the book page to arrive at the download links page. Easy!
Would you realize that you are about to become a thief? A receiver of stolen goods?

If you are told --twice-- that the books you are about to receive are "COMPLIMENTARY" and once that they are "FREE", you'd expect that the authors and the publishers had given permission for this.

Wrong.

The books have been stolen, pirated, illegally uploaded to a hosting site or pirate site in violation of the authors' copyrights... "shared".

You don't know this. You've no reason to suspect that you are doing anything wrong, so you click the link.

You see "FREE BOOKS FOR EVERYONE".

Sounds good. In fact, the books are only free to everyone who chooses to steal them. And they are not really free. You are about to get your computer loaded up with tracking cookies. Also, you will probably be asked to send $2.00 to PAYPAL (and PayPal will take at least 44 cents as their commission for being part of this sale of links to stolen goods), or you will be asked to click on a link to watch an advert.

Notice the instructions to "Skip Ad" after 5 seconds.

Its easy to collect all the books below for FREE!
Simply click the link below, watch the advert for 5 seconds, then click on the YELLOW BUTTON (Skip Ad) as it appears at the top/right of your screen and you will be directly taken to the main book page!

Scrolling down....

Please note that we are not the 'hosts' of any books, neither did we upload them to any hosting provider. We simply find links to books, that were freely available on the web and share our findings with our members!

Get a clue. This disclaimer is here because these people know that what they are doing is on the shady side of the law. Are they an "Online Service Provider"? If so, the DMCA applies to them, and the safe harbor provisions protect them.

Here's what Chilling Effects http://www.chillingeffects.org/dmca512/ says about safe harbor

In order to qualify for safe harbor protection, a service provider who hosts content must:
  • have no knowledge of, or financial benefit from, infringing activity on its network
  • have a copyright policy and provide proper notification of that policy to its subscribers
  • list an agent to deal with copyright complaints


But, are they hosting content? Is a list of links to illegal books "content"? Is a list of links a copyright infringement? You cannot copyright titles.

Ah! Here's the thing. They may not be hosting the books, but they are hosting the COVERS. Cover art is usually copyrighted. A lot of people think it is in the public domain, but they might not be right about that.

There's more... but this post is long enough. If piracy interests you, please check out my rowenacherry.blogspot.com blog, and scroll back a day or two to see what Cheryl K Tardif (Cherish) has to say on the subject.

Best,

Rowena Cherry

Sunday, January 24, 2010

Why is Science Fiction So Popular With Pirates?

This morning, E-Bay very kindly sent me my regular daily update of the ebooks that I might care to purchase from their honest vendors.

http://books.shop.ebay.com/i.html?_trksid=m194&_sacat=377&_odkw=&_dmpt=US_Fiction_Books&_osacat=377&_nkw=ebooks&ssPageName=ADME:B:SS:US:1172

I post this link to make a point. I do not encourage anyone to actually bid on any of these items. I do encourage you all to click the Report button as and when you see an ebook or ebook-on-CD being offered that you know for a fact ought not to be on EBay.

There are Immortals, Jules Verne, Star Trek, Harry Potter, the usual Vampires, A Princess of Mars.... I won't advertise. Some of the classic, sci-fi collections are probably out of copyright, and may be legal. Some most definitely are not!

Who is selling this stuff? What motivates them? Who put them up to it? Why do they think they can get away with it?

Don't they know that they are breaking the law... several laws? Do they realize that if they sell stolen ebooks through EBay and PayPal, their real names and addresses are available to the FBI and anyone else who might care to prosecute them?

Are they reporting their illegal income to the IRS? If they are using the USPS to mail their bootlegged CDs across state lines, are they aware that they are compounding their crimes?

Who are these science fiction fans with an outrageous sense of their own invulnerability?

Apparently, a lot of them are young males! Surprise. A Publishers' Lunch report on a Verso study claims that

"questionable downloading, while affecting all age and gender brackets, is concentrated disproportionately among younger male readers. Among males aged 18-34, over 45 percent report engaging in such downloading activity within the past twelve months."

http://www.publishersweekly.com/article/CA6714772.html

I googled "males 18-34" and found http://crimespace.ning.com/forum/topics/ebook-piracy-facts
where a commentator offered this enlightening theory:

"My guess is most 18-34 agers don't read mysteries, but rather sci-fi, fantasy, adventure, anything that doesn't require a lot of intellect, anything that stimulates the imagination and provides rapid pace. All normal, of course."
My own reading of online commentary would tend to back up what Dan said.
http://www.youtube.com/watch?v=hUCyvw4w_yk

and on a more refined level on CNN
http://www.cnn.com/2010/TECH/01/01/ebook.piracy/index.html#comment-27819047

It does seem to be largely young gentlemen who are eager to discuss the merits of stealing. Robin Hood lives in cyber space! He's redistributing intellectual property; disseminating knowledge. From what I've seen on a pirate-hosting site, a lot of these young men are especially interested in sharing carnal knowledge with one another. That, and text books, and science fiction... and vampire stories. Half of them must yearn to be Edward.

Now, I'm all in favor of as many people as possible reading science fiction. It may not be educational, exactly, but it is aspirational and inspiring. Scientists seem to follow where fiction has led. This is a good thing. However, fiction and non-fiction authors need tangible encouragement. The better they are paid, the more time they can spend on research and thought, and excellence in the quality of their content and in their writing. Right now, most of us are not very well paid.

"Net Neutrality" isn't going to help if "Net Neutrality" is Orwellian 1984-speak for leveling the playing field for pirates.... as if it's not already an uphill battle for authors and publishers!

EFF Files Comments on Net Neutrality | Electronic Frontier Foundation

"We know from bitter experience that dragnet copyright enforcement efforts often end up inflicting collateral damage on lawful activities," said EFF Senior Staff Attorney Fred von Lohmann. "Neutrality regulations should not excuse ISPs that discriminate against or block innocent content just because they claim it was done to protect copyrights or cater to law enforcement."

My problem with this is the definition of "lawful" and "innocent". Too many Internet users, especially "EBayers" don't know what "lawful" and "innocent" mean. They don't seem to grasp the first principle of what an ebook is, or what copyright notices in the fronts of books say or mean.

For those who have never noticed, here's a selection of front matter warnings from a variety of publishing houses:

St. Martin's Press copyright notices.  
"No part of this book may be used or reproduced in any manner whatsoever without written permission except in the case of brief quotations embodied in articles or reviews. For information address St. Martin's Press, 175 Fifth Avenue New York, NY 10010."


Harlequin:
"All rights reserved. Except for use in any review, the reproduction or utilization of this work in whole or in part in any form by any electronic, mechanical or other means, now known or hereafter invented, including xerography, photocopying or recording or in any information storage or retrieval system, is forbidden without the written permission of the publisher, Harlequin Enterprises limited..."


Dorchester Publishing:
"All rights reserved. No part of this book in whole may be reproduced or transmitted in any form or by any electronic or mechanical means, including photocopying, recording or by any information storage and retrieval system, without the written permission of the publisher, except where permitted by law."


Resplendence:

Warning: All rights reserved. The unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringe-ment without monetary gain, is investigated by the FBI and is punishable by up to 5 years in federal prison and a fine of $250,000.

Total-e-Bound
All rights reserved. No part of this publication may be reproduced in any material form, whether by printing, photocopying, scanning or otherwise without the written permission of the publisher, Total-E-Bound Publishing.

LooseId
All rights reserved. This copy is intended for the purchaser of this e-book ONLY. No part of this e-book may be reproduced, scanned, or distributed in any printed or electronic form without prior written permission from Loose Id LLC. Please do not participate in or encourage piracy of copyrighted materials in violation of the author's rights. Purchase only authorized editions.


LL Publications/Logical-Lust Publications
All rights reserved. No part of this publication may be copied, transmitted, or recorded by any means whatsoever, including printing, photocopying, file transfer, or any form of data storage, mechanical or electronic, without the express written consent of the publisher. In addition, no part of this publication may be lent, re-sold, hired, or otherwise circulated or distributed, in any form whatsoever, without the express written consent of the publisher.


Phaze
All rights reserved under the International and Pan-American Copyright Conventions. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the publisher.

Warning: the unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to 5 years in prison and a fine of $250,000.


Mundania
All rights reserved under the International and Pan-American Copyright Conventions. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical including photocopying, recording, or by any information storage and retrieval system, without permission in writing from the publisher.

The scanning, uploading and distribution of this book via the Internet or via any other means without the permission of the publisher is illegal, and punishable by law. Please purchase only authorized electronic editions, and do not participate in or encourage the electronic piracy of copyrighted materials. Your support of the author’s rights is appreciated.

Warning: The unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to 5 years in federal prison and a fine of $250,000.



Under The Moon... 
Excluding legitimate review sites and review publications, the reproduction or utilization of this work in whole or in part in any form by any electronic, mechanical or other means, now known or hereafter invented, is forbidden without the written permission of the publisher.

Copying, scanning, uploading, selling and distribution of this book via the Internet or any other means without permission from the publisher is illegal, punishable by law and will be prosecuted.

--

What all these publishers are saying is "You do not have the right to make a copy of this book!" and also "You do not have the right to 'share' or sell COPIES that you have made of this book."

Too many people think that if they scan a paperback or hardback novel, or cut and paste an ebook,  and put it on a CD they have somehow created something new and original that is theirs to do with as they please.

Well no. It's still the same copyrighted story that took a hardworking author months or even years to imagine, research, write, hone, polish and promote.

Taking a bunch of favorite novels, copying them all, putting them all onto a CD and calling them "My Private Collection Of My Own Favorite Sci-Fi Novels" does not make them "yours". The authors still own the copyright. You cannot burn ten or more copies of this "Private SF Collection" and sell them on EBay or iOffer or Facebook or Blogger or Wordpress or any other virtual bookstore.

Nor are you free (legally) to upload them to pirate sites. If you didn't write every word of it yourself, from your own imagination, then it is not yours.

An author has the right to make copies or to give written permission to someone else to make copies. An author has the right to perform her work. An author has the right to control the distribution of her work.

First Sale Doctrine confuses a lot of people. Basically, this is what it says. If you bought a hardback or a paperback (or a vinyl record, or a DVD etc) from a legitimate seller, you may sell it, or give it away. But, you cannot keep a copy. Once you give it away or sell it, you do not have it any more.

With an ebook, you cannot give it away or sell it because it is impossible to do that without creating a copy or six.

If some crook tells you they have "Re-Sell rights", do take a moment to think about that. Is it logical that 3,000 ebayers have all personally met with King, Knight, Kenyon, Grisham, Rowling, Roth, Harris et alia, and all have personally been given a signed contract from each of those authors?

If those authors are still living and making a living from their writing, is it logical that they would give every EBayer the right to resell their books and to pocket all the profits (apart from EBay's listing fees and PayPal's payment fees and the post office's postage fees if unlawfully copied CDs are being sent through the mail?)

No. It isn't.

Until every blank CD costs the same as it would cost to purchase a library of books (which isn't going to happen) authors aren't going to get paid for bootlegged and burned CDs.

So, do authors everywhere a favor. If you see an unbelievable bargain collection of authors' fiction for sale somewhere, click to "Report" it. Tell the author. Tell the publisher.

Thank you.

Thanks, too, to Pamela Fryer and Brenna Lyons for collecting some of these samples of publishers' copyright notices.

Rowena Cherry

PS for authors.
If you are on LinkedIn.com please join the White House group, and keep the discussion about e-book piracy alive.

http://www.linkedin.com/groupAnswers?viewQuestionAndAnswers=&gid=2199632&discuss\
ionID=12370276&commentID=10500759&report.success=8ULbKyXO6NDvmoK7o030UNOYGZKrvdh\
BhypZ_w8EpQrrQI-BBjkmxwkEOwBjLE28YyDIxcyEO7_TA_giuRN#commentID_10500759



PPS for everyone
Kid Rock rocks! See his "Steal Everything" video.
http://www.youtube.com/watch?v=VpCADfZD-eg&feature=autofb

Other blogs on piracy (not all about alien romance fiction by any means):

http://www.RosesOfProse.blogspot.com

http://www.nicolepeeler.com/2010/01/on-piracy/

http://leslirichardson.blogspot.com/2010/01/publishing-pirate-prattle-and-pay.html

Sunday, May 31, 2009

Do Space Pirates Need Special Sheets




Do Space Pirates Need Special Sheets?

This Crazy Tuesday, June 2nd is all about SPACE PIRATES and regular host "Row-hard" Rowena Cherry will be joined by "Madman" Mark Terence Chapman, "Dastardly" David Lee Summers and Jacquie "jolly" Rogers to plunder the icy blackness of space.

That's the blurb up on the PIVTR site. I apologize for the dreadfully bad "pirate" names, but for an unscripted, "blogging aloud" show that begins at 10 am Eastern (which is seven am for my nightowl, West Coast friends) and runs until 12.00 noon, I prefer to set a low standard and deliver better than expected.

I'm sure we will get into deeper topics, such as cloaking; motherships that look no different from regular traffic until it is too late for their victims to respond; space barratry (scuttling ships to hide theft of cargo); corsairing and privateering; and star ship commanders who pay lip service to Star Fleet Command, but do not necessarily comply with their orders... because who is to know? And perhaps if the politicians and generals back home had real time information, their orders would be different.

All credit to my friend Jacquie Rogers for getting me thinking (again) about sheets, and the logistics of hygiene, sex, and repose in deep space. Are space pirates simply Jack Sparrow with an air lock? I think not.

If Diana Groe's historically accurate Vikings managed to sustain an unfair seductive advantage over their European sexual rivals by wearing reasonably clean underwear, I wonder what the competitive advantage would be of body odor inside the confines of a space ark. Would it tend to demoralize and depress the enemy?

I should imagine there would be a product much like Procter and Gamble's Febreze. I hear that college students are using the odor eating product to simply spray the unwashed crotches of their jeans.




David Lee Summers is the author of five novels, and here is an excerpt from a guest blog he wrote for me to promote our June 2nd show.



The first of my novels is The Pirates of Sufiro, which starts off as the story of a band of space pirates that are marooned on a distant world they name Sufiro. Over the course of the novel, the pirates who were stranded have to battle corporate pirates who try to take over the planet. Thus the book explores the idea of "piracy" from multiple angles. I have recently explored my space pirate characters even more in stories appearing in the anthologies Space Pirates and Space Sirens published by Flying Pen Press. Another of my novels, Vampires of the Scarlet Order, is a supernatural thriller, but it features a cameo by the real life pirate, Grace O'Malley.

The phrase "space pirates" conjures up images of marauding bands cruising the galaxy in space ships. Perhaps the blaster-wielding captain has a robot parrot on his shoulder and some kind of high-tech eye-patch with a heads-up display. Movies and television have invoked this image numerous times and I think such pirates can be a lot of fun, even though they're often extremely campy.

Look a little harder at the idea of space pirates, though, and an interesting picture emerges. To summarize the United Nations definition of piracy, it is a criminal act of violence, detention or depredation committed by the crew or passengers of a ship or aircraft directed against another ship or aircraft – or directed against a ship, aircraft, persons or property outside the jurisdiction of a country. Apply that idea to any vessel that is either in space or operating on a distant world, and you open up tremendous story potential.

My own love of pirates started at an early age. I grew up in Southern California and was lucky enough to visit Disneyland a few times as a kid. One of my favorite rides from the time I was about six years old was The Pirates of the Caribbean. I was also a Star Trek fan from a very young age. Though a bit too young to remember the original series when it first ran, I was exactly the right age to watch Star Trek: The Animated Series when it ran on Saturday mornings. One of those episodes was "The Pirates of Orion" written by Howard Weinstein. I already was a fan of pirates and I just fell in love with the idea of pirates in space.

In the years after that, though, most depictions of space pirates that I came across grew painful. I saw far too many actors with robot parrots on their shoulders hamming it up for the camera. As I mentioned earlier, they could be fun to watch, but they did get old. I probably would never have even tried to write a story about space pirates if I hadn't come across the Bio of a Space Tyrant novels by Piers Anthony. In the first novel, Anthony introduced space pirates that were colorful and fun, but at the same time very dangerous. These were the kinds of space pirates I was looking for.

In 1988, I set out to write my first story of space piracy for a writing workshop in Socorro, New Mexico. I wanted to create pirates that were larger than life, fun, but yet a bit dangerous, much like the good space pirates I had encountered before. That's when Ellison Firebrandt and the crew of the Legacy who appear in The Pirates of Sufiro, Space Pirates and Space Sirens were born.

As I worked to create my pirates, I spent time in the library reading historical accounts, trying to get some idea for the motivations of historical pirates and how they operated. As I read, I found the stories of Henry Avery, Bartholomew Roberts, William Kidd, Anne Bonny and Mary Read particularly captivating.

Now, I believe it's important that a writer create a world where it's believable that space pirates exist. That said, if we postulate a universe where humans are colonizing other planets in the galaxy it's reasonable to expect that pirates will exist. In my "day" job I operate telescopes at Kitt Peak National Observatory. It's actually hard to imagine a star empire or galactic alliance with so much money that they could patrol every possible planetary system imaginable. Likewise, it's hard to imagine a future where everyone is so well off that someone won't be motivated to try to take what someone else has. Just recently, we had the incident of Somali pirates taking an American ship not far from American warships. Even with only a small boat and a few guns, they created a very difficult situation for this country. The galaxy is a much bigger place.

In my universe, Earth recognizes that it simply cannot patrol much of its territory at all with warships of any sort. It becomes much more practical for humans to issue Letters of Marque to pirate crews and allow them to harass ships from competing systems and colony worlds.

My pirate captain, Ellison Firebrandt, comes from a poor family. His father was a miner in the asteroid belt and it looked like Ellison's fate would either be to follow in his father's footsteps or go into some other hard labor for the rest of his life. As with the pirates of old, life aboard a pirate ship seemed to offer more freedom and opportunity for young Firebrandt than a life wasting away as a miner or a laborer for one of the giant corporations of Earth. Because Firebrandt is the protagonist of the stories in which he appears, I felt it necessary to give him a moral compass. He is loyal to Earth because the government provided his Letter of Marque. He kills and robs, but he does so with the intention of aiding Earth.

In the story "For a Job Well Done", which appears in the anthology Space Pirates, Firebrandt tries to fence stolen items through a gang that secretly pulls the strings on one of Earth's colony worlds. The gang maintains control through the torture of the planet's populace. In the process of discovering this, Firebrandt meets a woman named Suki Mori and a romance is born. Though Firebrandt is, himself, a criminal, his moral compass can't abide the self-serving interests of the gang he encounters and he feels compelled to stop them. Even though the story is science fiction, it was heavily influenced by contemporary headlines.

In the follow-up story entitled "Hijacking the Legacy" that appears in the anthology Space Sirens, Suki Mori discovers the cold hard reality that her new-found "friends" really are bloodthirsty pirates. She tries to escape but throws herself and the pirate crew right into the hands of a military captain that doesn't recognize Firebrandt's Letter of Marque. This puts Suki into a crisis of conscience. She recognizes that the crew of the Legacy is composed of criminals, but she also realizes that they're the ones who saved her from an even worse criminal gang. Can she simply let the pirates be killed?

Historically, not all pirates were clear-cut villains. They often came to piracy through a series of circumstances and choices. Often times there were no good choices for these people. Sometimes it was live as a slave or live as a pirate. Sometimes being a pirate seemed less horrible than being a crewman for a ship of the "legitimate" military. In creating my space pirates, I worked to create a universe that presented my characters with many of those kinds of difficult choices from history. I worked to create characters with enough of a moral compass that those choices were interesting ones to explore. Hopefully the stories are an exciting, fun ride as well!

If you would care to learn more about my novels and the anthologies where my stories appear, please visit davidleesummers.com and click on the links for "Books and Audio Books" and "Short Stories and Poems."

Or, visit David Lee Summers's blog on barratry
http://rocketpunk-manifesto.blogspot.com/2007/10/density-of-power.html



Mark Terence Chapman adds:

Rowena: Here's the premise behind the pirates in My Other Car is a Spaceship.

In my "universe", there are a number of alien civilizations in our sector of space, but none of them large enough or wealthy enough to patrol the space outside their respective territories. So pirates run amok in the "in-between" places, attacking remote settlements, mining colonies, and cargo ships traversing deep space. In addition to swag, some of the pirates trade in slaves.

Seeing the growing threat to commerce, a number of commercial outfits formed the Merchants' Unity, a sort of police force funded by the member merchants and tasked with the mission of suppressing the pirates and keeping them from disrupting interstellar commerce.

For many years, this worked. The Unity held the pirates to a nuisance-level only. Then one day, a pirate leader (a human ex-slave, whose grandparents were kidnapped from Earth) got a number of the pirate chieftains together and formed a corporation (BAE, Inc., short for Buck-an-Ear). Now organized (with stockholders and profit sharing), the pirates begin to attack in swarms instead of individually, overwhelming the Unity patrol ships and pushing the Unity to the brink of defeat.

Present-day Earth is unaware of any of this. But when a Unity ship patrolling our solar system (a pre-interstellar, and therefore embargoed system) loses both its pilots, it's forced to scour Earth for someone suitable, someone with the rare hypertasking gene that gives his mind the ability to handle thousands of simultaneous inputs.

It's into this universe that Colonel Hal Nellis, retired USAF fighter jock, is thrown. As pilot of Adventurer, he, along with Captain Kalen Jefffries (a son of human slaves), must find a way to defeat the seemingly overwhelming might of the pirates, or face the destruction of the Unity and the pillaging of a defenseless Earth.

[Bio: Mark is the author of three published science ficiton novels: The Mars Imperative, The Tesserene Imperative, and the just-released Sunrise Destiny. My Other Car is a Spaceship is his fourth, recently-completed, novel.)




As for the sheets question.... That is a matter of individual taste. Jacquie Rogers's pirates in her yet-to-be published novel that predated Fifth Element have special sheets to cope with bedding (verb) in zero gravity. Mark Terence Chapman's spacefarers are to be a surprise (to me). Some don't. In my first alien romance, Forced Mate, my high and mighty hero Tarrant-Arragon steals the love of his life's bedding from Earth to encourage her to feel more at home in his bed.

I've never visited a pirate's bed (in my books), but my Scythian pirates are a bit like downsized Chewbaccas with claws so with all that reddish hair, there's little need for modesty in bed.




Rowena Cherry
Space Snark

By the way, for those who do not know, you can download royalty free wallpaper and fabulous images from http://hubblesite.org/gallery/