RE: More ethics...

[Arlen -dot- P -dot- Walker -at- jci -dot- com]

>In fact, AFAIK, it's legal everywhere except in the U.S.
>The laws in other countries grant consumers the right to make a backup
copy
>of any eBook they purchase. The eBook software produced by Adobe enables
>publishers to confiscate this legal right.

At the risk of adding to this, I'd like to point out a confusion that seems
to be entering into this.

We're speaking as if copyright is the only segment of law that applies
here. True, in the world of printed matter, that is the case. But eBooks
are a completely different beast. (And yes, the courts here in the US have
already ruled on that. In a recent Supreme Court decision, it was ruled
that book and magazine publishing contracts do *not* include electronic
publishing. Now if I can only convince WotC to pay me for the material they
stole, excuse me, re-purposed from me.)

But electronic publishers are moving away from simple copyright law, into
what may be loosely termed a "license to read." They are providing material
under a license, rather than simply providing material. So contract law
enters into this as well. Copyright laws guarantee the rights listed above.
And every one of those rights can be given up via a contract. For example,
if I sign a non-disclosure agreement, I can't write about what I'm seeing,
even though simple copyright law would permit it.

So before too many people start to step up on the soapbox loudly and
proudly declaiming what the rights of hypothetical people are to a
hypothetical ebook, I'd suggest more information is required. An eBook may
indeed have a stipulation in its contract that you cannot back it up, or
transfer it to another computer. Once you venture out of copyright into the
world of contract law, everything changes.

Have fun,
Arlen
Chief Managing Director In Charge, Department of Redundancy Department
DNRC 224

Arlen -dot- P -dot- Walker -at- JCI -dot- Com
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Opinions expressed are mine and mine alone.
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