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The Forum > General Discussion > Is Ebook Piracy also Fair Game

Is Ebook Piracy also Fair Game

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"There have been some successful litigation actions"

any case names?

the one I am following in my Summary of Argument [30 pages] is about porn videos

and to the other person, the very LAST place you would go eg in Privacy, the Priv Commissioner is just a firewall set up to make you lose, is some Copyright Council

I am all ready for the real thing in court, so was just asking here for some feeling of others before my glorious win

I am simply seeing this as same as Y2K fraud where all lawyers were in bed with I.T. freaks and not one legal action took place under Trade Practices Act or whatever
Posted by Divorce Doctor, Wednesday, 14 May 2008 2:56:51 PM
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most likely the people who copied your book would not have bought it, so you are merely seeking some $ through litigation, not legitimate sales.
Posted by Steel, Wednesday, 14 May 2008 4:02:12 PM
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Steel,

Yeah that's what gets me about the music industry. They really think people will believe that the 18 year old that downloaded 5000 CDs worth of music would have bought them all if he wasn't able to download them for free. Like they have lost all that money darn...
Posted by Usual Suspect, Wednesday, 14 May 2008 4:21:35 PM
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Gibo,

There is a presumption of copyright and is not fully necessary protocol to have the ©. If used the correct spot is third page, I believe. Much of my is owned by OTEN/SBS, journals and a textbook company. Here if I insist, there is a right of attribution. And having checked with the Attorney-General received advice that if curricula written by me and used in a manner not directed by me, that could grounds for a defamation action. I was worried about Asian overseas providers not sticking to my guidelines. Anyhow, they are under a different legal jusidiction, so I write a few letters to the editor on the more general topic of offshore governance.

Also, I warned Brendan Nelson of a Malaysia/University of Newcastle plagiary/cover-up possibility over year before it happened. My submission did eceive a number but I received no reply and Nelson certainly did nothing.

DD,

I will have think about copyright under TPA; but most people would act if the goods and/or services were not "fit for purpose" in "trade and commence" [s.52] Of course the are many others including misrepresentation and pricing. But s.52 I think would be the main consumer one.

If memory serves 'passing-off", "labelling", "unidentified manufacturer", and falsely representing a person has agreed to acquire"

TPA 53(c) might be relevant as it deals with "approval" and "sponsorship" and "approval". McDonald's Sysetm of Australia limited v. McWilliam Wines Pty Ltd & Anor [1979) ATPR 4-140 - Franki J

"... representations may not be made that goods or services have sponsorship, approval ... that they have not" Abridged TPA 53 (C).

Citation: Healey, D (1993), Australia Trade Practices Act, 1545, pp.404-405.

If a person were reasonably to think that the alternative copy had your "sponsorship" and/or "approval", then perhaps this would be misleading. This section seems more commonly deals with adevertising but the definition is interesting and maybe apt?
Posted by Oliver, Wednesday, 14 May 2008 4:55:42 PM
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"most likely the people who copied your book would not have bought it, so you are merely seeking some $ through litigation, not legitimate sales."

most likely the people who Jack the Ripper murdered would have died anyway

see how rediculous your statement is, and in any case the CAct does not agree with you but sits there offering you remedies DELIBERATELY well above your losses [and you get to ASSUME your losses] so as to STOP the practice of [inter alia] piracy.

and to Olivier sorry I was not meaning to combine copyright and TPAct. It was merely an association with the commonality of lawyers closing ranks where the money is there [in Plain Brown Paper Envelopes] to "agree not to disagree"

but no such impediments to a SRL [which essentially is the whole message of the book, ie never use a blood sucking lawyer in Fam Law or you WILL get screwed]
Posted by Divorce Doctor, Wednesday, 14 May 2008 6:31:50 PM
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dear divorce docter
You will no doudt be pleased to hear bill gates has come up with a solution ;it seems a few weeks ago he set up a start up web based copyright service ,how it gets paid for is a 5 dollar [us] 'charge' paid by you the claimer of copy right.

I heard it in relation to images [art/photo,s],its a money maker [but also sets up possable fraud ,does the writer hold his copyright or does the regestered 'copy right holder' who paid the 5 bucks

You can write many books ,thus could write many books ,thus the publicity cant hurt ,

you may even be discovered on the internet ,but the thing is most writers get defrauded by the book publishers anyway, [ie you need to sell the books at full price , as well as sell a certain ammount to even begin to get any money] ,thus self publishing is the only way to go .

There are many doing this ,to those it has become a way of life ,the title of your book for egsample would go great at the many farm related get togethers ,it is unlikely howard would have bought it anyway.

Having an e-book in a computer is nothing [im on my 5 th computer , and printing out a book simply isnt worth the ink , nor the paper , thus complaining about ebooks isnt really that serious a threat [hardly worth the worry] get on with writing your next big seller and if you have faith in your own writing go to china order a hundred thousand or so copies and hit the road ,[that might even be a good theme for your next book]

Lawyers are not to be trusted ,the courts are a joke [i have probably writtn a few novels [all for free , one page at a time on hundreds of blogs trying to explain why [only to have most of it taken down] ,

My only consolation lies in knowing thieves cant write [thus you are needed allways to write the next sequel]
Posted by one under god, Wednesday, 14 May 2008 9:17:30 PM
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