Comments on: E-books and ‘the international whisper campaign against fair use’—plus millions in lobbying fees from PW owner Reed Elsevier http://www.teleread.com/copy-right/e-books-and-the-international-whisper-campaign-against-fair-use/ News & views on e-books, libraries, publishing and related topics Fri, 10 Feb 2012 01:44:23 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Jim Lester http://www.teleread.com/copy-right/e-books-and-the-international-whisper-campaign-against-fair-use/comment-page-1/#comment-758301 Jim Lester Tue, 08 Apr 2008 19:52:41 +0000 http://www.teleread.org/blog/2008/04/07/e-books-and-the-international-whisper-campaign-against-fair-use/#comment-758301 Branko Actually the high damages aren't as much of a problem as the cost to litigate. If your lawyer sees an inside of the courtroom, you are talking about at least 30-40 billable hours, which with good civil lawyers (at least in the SF bay area) charging ~$300 an hour will be an out of pocket expense of $6K to $12k (plus a retainer), and the costs can climb quickly upwards from there (unless your lawyer is cutting you a sweetheart deal). If you win, as a prevailing party you might be entitled to recoup your legal expenses but that's a bit of an arduous process in and of itself. ficbot An interesting parallel in the Music business was/is AllOfMp3.com which is a Russian online store which offered low priced music (through compulsory licensing). There have been several opinions about if importation (say a US or Canadian purchasing music from their site) is legal, but every one seemed to agree the it depended upon the laws of the country purchasing the product. Here's a link to AllOfMp3 FAQ on the subject: http://allofmp3.ru/press/centre.shtml?s=993&d=18191974&r=291867496 Branko
Actually the high damages aren’t as much of a problem as the cost to litigate. If your lawyer sees an inside of the courtroom, you are talking about at least 30-40 billable hours, which with good civil lawyers (at least in the SF bay area) charging ~$300 an hour will be an out of pocket expense of $6K to $12k (plus a retainer), and the costs can climb quickly upwards from there (unless your lawyer is cutting you a sweetheart deal). If you win, as a prevailing party you might be entitled to recoup your legal expenses but that’s a bit of an arduous process in and of itself.

ficbot
An interesting parallel in the Music business was/is AllOfMp3.com which is a Russian online store which offered low priced music (through compulsory licensing). There have been several opinions about if importation (say a US or Canadian purchasing music from their site) is legal, but every one seemed to agree the it depended upon the laws of the country purchasing the product.
Here’s a link to AllOfMp3 FAQ on the subject: http://allofmp3.ru/press/centre.shtml?s=993&d=18191974&r=291867496

]]> By: ficbot http://www.teleread.com/copy-right/e-books-and-the-international-whisper-campaign-against-fair-use/comment-page-1/#comment-756520 ficbot Tue, 08 Apr 2008 00:10:06 +0000 http://www.teleread.org/blog/2008/04/07/e-books-and-the-international-whisper-campaign-against-fair-use/#comment-756520 It's also an issue in this internet age. If I, in Canada, download a book from the internet, whose laws apply and how would they enforce it if they thought I wasn't following the rules? It’s also an issue in this internet age. If I, in Canada, download a book from the internet, whose laws apply and how would they enforce it if they thought I wasn’t following the rules?

]]> By: Branko Collin http://www.teleread.com/copy-right/e-books-and-the-international-whisper-campaign-against-fair-use/comment-page-1/#comment-756304 Branko Collin Mon, 07 Apr 2008 21:02:06 +0000 http://www.teleread.org/blog/2008/04/07/e-books-and-the-international-whisper-campaign-against-fair-use/#comment-756304 The problem with US copyright law in this respect that is that although you have great things like fair use, you also have things like statutory damages that could bankrupt a person in a single blow. Using fairly should not be a risk. But IANAL. Has anybody ever been convicted to pay high damages after they tried to use a fair use defense? The problem with US copyright law in this respect that is that although you have great things like fair use, you also have things like statutory damages that could bankrupt a person in a single blow. Using fairly should not be a risk.

But IANAL. Has anybody ever been convicted to pay high damages after they tried to use a fair use defense?

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