Issola Spoilers vs. Orca Spoilers

Tue Mar 11 22:54:21 PST 2003

> > > > Doctrine of first sale covers this, folks.  It's hardly immoral
> > > > to buy a used book; the author got his cut when it was first
> > > > sold.
> > > I don't have an informed opinion on this subject, but my brother's a
> > > composer, and I don't get music free off the web.  I certainly buy
> > > many of my books used and might well download them free - it's not
> > > clear to me what's different about that though.
> >
> > "Getting music free" is not the same thing as buying a used book.
> > The appropriate analogy for getting free music would be getting a
> > free photocopy someone made from a book at one point.

No, the appropriate analogy would be buying the used CD from
a store that sells them.  This is something I do with almost
all of my purchases, except one band that I buy new because
I'm willing to spend more of my hard earned dollars so that
they have more. [2]

> I don't see what's better about buying a used book from a store than
> getting a photocopy from someone.  Maybe the point is that part of the

It's called "intellectual property" or "copyright" or "property

Here is the deal.  Steven wrote a book.  He owns it.  At this
point you don't even have the right to read it.  He then enters
into an agreement with someone else, where they will distribute
it.  In return, he gets some money.  They get some money.  When
you buy a book your are exchanging the right to own a copy of
Steven's book for your money.  Now, you own a copy, but you don't
own the rights to the book.  You may do whatever you want with it.
If when you are done, you give it to someone else, you have just
given them a copy you legitimately purchased.  However, if you
make a photocopy and give it to someone else, you have just: [1]

1) Violated the original contract between you and the distributor
(that you made when you bought it, whether you realized it or
2) Violated federal (and as it turns out, international) copyright
3) Deprived Steven of money due him for the creation of a copy of
his work.

Now, all of this is an EXTREMELY complex issue.  I'm only explaining
it because you seem geniunely confused.  If you don't believe this
is morally right, I'm not going to argue, because it doesn't matter,
and in my relatively short lifetime I've learned that these discussions
via email offer no chance of enlightment, and more to the point,
I don't care if you agree or not.

> If I buy a book, scan it, print it out nicely, and give you a copy, or
> sell it to you for a nominal fee, or at a small profit, is that wrong?

Yes.  You have broken the law, a contract and, most importantly, deprived
Steven of money that allows him to live and write more stuff for
us to read.

> If I give you a once-read good as new copy, preventing you from purchasing
> it?  What if I posted _tPotD_ as a pdf file to this list, or the web, as
> I wish SKZB would do?

For the first, you have transferred your ownership and rights with
the lawfully purchased book.

With the second, you have made an unauthorized copy and people will
try to whack you for it.


[1] The issue with 'electronic' media is more complex.  Certain 
interpretations of the law, with court cases to back it up, allow you
to make copies as 'backups'.  This is why people defend their right
to rip music.  I have actually burned a copy of a CD I ripped when
the original CD got munched by my car CD player, so it really does
have usefullness.  I also don't think this discussion is appropriate
for this list...slashdot.org seems to do a fine job of beating
this dead horse.

[2] www.cakemusic.com
Jot Powers 	<books at bofh.com> 		http://www.bofh.com/books/
"I'm upping my standards, so up yours!" 
	-Pat Paulsen (1927-1997), Presidential Campaign Slogan