I don't think purchasing the hardcopy of a book gives you the right to download the byte version from some w*rez site... but that's just my $.02 :)
Greetz
Beatnik
... Quidquid perl dictum sit, altum viditur. | [reply] |
Beanik:
++ just for saying something that may not be popular.
But, I have a question for you. If I purchase the book, do you consider it fair use for me to scan it in, OCR it, convert the resultant text into whatever format I want, and use it that way (for personal use, that is)?
In other terms, can I scan in Mastering Regular Expressions, convert it to a PalmOS byte-readable format, put it on my Palm, and reference/read it? Is that different than downloading it from some w*rez site? Is it different because I, the purchaser of the book, am personally doing it and using it to my own accord?
Jeremy
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If I purchase the book, do you consider it fair use for me to scan it in, OCR it, convert the resultant text into whatever format I want, and use it that way (for personal use, that is)? We had an interesting chatterbox conversation this morning (EDT) in which I defended that position, which seems like an intuitively reasonable one. However, as footpad and Beatnik pointed out (with helpful references from footpad), it is not based in actual law (hate that).
Specifically in U.S.C. title 17, section 106,
Subject to sections 107 through 120, the owner of copyright under
this title has the exclusive rights to do and to authorize any of
the following:-
to reproduce the copyrighted work in copies or
phonorecords;
and to do most anything else, which I won't paste in (go look).
Ah, but you will say "fair use!" And indeed, that's where we came in. That's covered in section 107:
Notwithstanding the provisions of sections 106 and 106A, the fair
use of a copyrighted work, including such use by reproduction in
copies or phonorecords or by any other means specified by that
section, for purposes such as criticism, comment, news reporting,
teaching (including multiple copies for classroom use),
scholarship, or research, is not an infringement of copyright.In
determining whether the use made of a work in any particular case
is a fair use the factors to be considered shall include -
- the purpose and character of the use, including whether
such use is of a commercial nature or is for nonprofit
educational purposes;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or
value of the copyrighted work.
(emphasis added)
The prevailing view would seem to be (though I quote pretty much everybody in saying "Fair use is not an exact doctrine") that copying a chapter for personal use is acceptable, though arguably only if there's a "valid" reason (e.g. to teach about, criticize, or comment on it), but copying an entire book is not permissible under any circumstances.
In the particular case of the ORA Perl books, since they do sell an electronic copy, you are doing them (in some sense) economic damage if you produce an electronic copy without their permission, even for personal use--and the
guiding principle of copyright case law (at least according to this guy) is to protect copyright holders from economic damage. Hence, the hypothetical I proposed (and I think what you're proposing here) would be illegal, unless prior permission was secured from O'Reilly.
As a practical matter, nobody's likely to bother suing you for the US$80 the Perl CD Bookshelf lists for, since it's less than the small claims filing fee in many places, but as a legal matter, they could.
Most of this I cribbed from Findlaw (courtesy of footpad) and Stanford's fair use site, should anyone care to poke around for the details.
If God had meant us to fly, he would *never* have give us the railroads.
--Michael Flanders
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Popular != Illegal.
I'm not saying I never made photocopies of a book, I am saying that I don't think that if you own a book, you have the right to reproduce it when you need to.
Greetz
Beatnik
... Quidquid perl dictum sit, altum viditur.
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