Authors Without A Yacht (AWaY) discussion
How To Spot a Pirate
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"Complimentary"? Compliments of Whom?
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Mod
https://sites.google.com/site/thefree...
Mod
"The Complimentary Books Site has Changed Location!
Dear Members
It would seem that Google finally took down the 'Books' site (due to terms of service!... which means that some book publishers complained!!). Anyway, after just an hour, the new site is 'live again'
I honestly don't know why they bother!
Please use the following url to find the new site as this will always point to the new Google pages as they are created
The Free Book Guide. Click Here to Collect Your Complimentary Books!"
(I'm not giving you all the url)
Best wishes,
Rowena Cherry
Mod
Give a "stolen" e-book for Christmas? Give me strength!!!
Mod
"...PLUS; as a Premium Member, you can MAKE MONEY by sharing your links with friends etc!"
Dear readers,
If you are making money by sharing links to e-books, you are not the brightest bulb on the Christmas tree. You just met the definition of profiting from copyright infringement.
Mod
It's not.
Quoting OCILLA; The Online Copyright Infringement Liability Limitation Act (OCILLA) is United States federal law that creates a conditional safe harbor for online service providers (OSPs, including Internet service providers) and other Internet intermediaries by shielding them for their own acts of direct copyright infringement (when they make unauthorized copies) as well as shielding them from potential secondary liability for the infringing acts of others. OCILLA was passed as a part of the 1998 Digital Millennium Copyright Act (DMCA) and is sometimes referred to as the "Safe Harbor" provision or as "DMCA 512" because it added Section 512 to Title 17 of the United States Code. By exempting Internet intermediaries from copyright infringement liability provided they follow certain rules, OCILLA attempts to strike a balance between the competing interests of copyright owners and digital users. .....First, the OSP must “adopt and reasonably implement a policy”[2] of addressing and terminating accounts of users who are found to be “repeat infringers.”[2] Second, the OSP must accommodate and not interfere with “standard technical measures.”[3] OSPs may qualify for one or more of the Section 512 safe harbors under § 512(a)-(d), for immunity from copyright liability stemming from: transmitting [4], caching [5], storing [6], or linking [7] to infringing material. An OSP who complies with the requirements for a given safe harbor is not liable for money damages, but may still be ordered by a court to perform specific actions such as disabling access to infringing material. Section 512(c) applies to OSPs that store infringing material. In addition to the two general requirements that OSPs comply with standard technical measures and remove repeat infringers, § 512(c) also requires that the OSP: 1) not receive a financial benefit directly attributable to the infringing activity, 2) not be aware of the presence of infringing material or know any facts or circumstances that would make infringing material apparent, and 3) upon receiving notice from copyright owners or their agents, act expeditiously to remove the purported infringing material." End quote.
Mod
https://sites.google.com/site/booksfo...
This was freebookguide. They rip off thousands of authors, and mislead folks around the world into thinking that illegally shared novels are in the public domain. (They do it for a commission from Filesonic when readers pay via PayPal)
Google took that down. Now get this "booksfornothing" googlesite down with a couple of clicks each.
Report copyright infringement to Google, even if you are not one of the authors.
If you know Julia Quinn, Debbie Macomber, Laurell K Hamilton, Lynn LaFleur, Colleen Gleason, Sabrina Jeffries (almost her entire oeuvre, by the look of it!), Candace Camp, Maggie Shayne, Lori Wild, Dawn McClure, Sherry Thomas, Nora Roberts, Kaitlyn O'Connor, Adele Ashworth, the Harlequin Presents authors. Harlequin Intrigue authors, Gaelen Foley, Penny Jordan, Carole Mortimer, Fiona Jade, Susan Donovan, Alexandra Benedict. Elizabeth Beverly, Elizabeth Holcombe, Rose Lerner, Tami Hoag etc, tell them
so they can send a DMCA to Google, to Filesonic, and to the hosting yahoogroup as well. And complain to PayPal.
And tell your Congressman that we need more protection.
Best,
Rowena Cherry
http://www.rowenacherry.com
Report ebook piracy: netpiracy@siia.net reportpiracy@rwa.org or staff@authorsguild.org http://www.ic3.gov/default.aspx http://www.copynot.com/
http://help.yahoo.com/l/us/yahoo/abus...
I am bit late coming into this discussion but it's the same thing that happened with music and film. The minute an author becomes aware of piracy, the following should be done:Notify the publisher with as much info as possible
Write to the pirates as the owner of the work demanding that it be removed and cite relevant law.
Contact all advertisers on pirate site and explain the situation and that they should remove all financial support of this organization and why and let them know you will disseminate the informaton widely
Not a lot else that can be done although the professional writing organizations are certainly aware of the problem.
Mod
Some musicians are devastated by piracy, but others find it easier to roll with it. With music, the more often a potential fan hears a tune, the more likely it is to "grow" on him, which may lead to a purchase, or to attendance at a rock concert.
Authors cannot do concerts (with the exception of Catherine Asaro!) and once a book has been read once, it is unlikely to be read again by whoever read it originally.
Notifying publishers works sometimes, but not all publishers take action. Some forward the URLS to hired guns such as Attributor. Most big wheels take time to turn.
Also, some OSPs play games and will respond only to the author (copyright owner) and not to a designee.
Many actual pirates are hard to identify, so one can only send a DMCA notice to the site hosting the files, providing they are domiciled in Berne Treaty countries.
If they are in Russia or the Philippines, it's tough.
Moreover, there are highly educated pirates (including a bunch on EBay) who know the law. Unfortunately, if they file the DMCA counter notice, the author's only recourse then is to sue... and few of us have the time or resources to do that, as they well know.
Rowena wrote: "Today, these parasites sent out a new message, suggesting (in so many words) that copyright infringing books make great gifts.Give a "stolen" e-book for Christmas? Give me strength!!!"
I certainly agree with you and we can all work a bit harder to point out that they are more than parasites, they are THIEVES. They are robbing the author, the publisher, the editors, the cover artists, the line editors, and all the way down the line. Keep pointing out that they are STEALING and it is not innocent and nobody gets hurt, that it affects people all the way through.
Truth, like I said, we can only do our best to stay on top of it, know they will always be looking for and finding ways around, but let's try to make their lives harder. That will be effective only with tenacity and lots of people taking the same action.
As I said, many have advertisers on their sites so take the time to notify the advertisers that their product is being promoted by THIEVES, that you are going to notify your publisher and every writing group you belong to, especially if you are a member of the big ones, etc.through blogs, so that the word gets out their company deals with THIEVES. If these sites lose advertising money, it will hurt them.
Elle
Mod
I think Tortfeasors is a good term for them, because many of them are committing slander of title or defamation of title or libel of title.
The "stealing"/"thief" debate, while entirely rational from the authors' side of the issue, has proven a little difficult to sustain in the legal community, because an e-book is treated as intellectual property, and definitions of "stealing" under the law refer to physical property.
Copyright infringement has an unfortunately frivolous ring to it (at least in my mind... possibly its the "fringe" part).
The punishments are almost ludicrously severe: 5 years in prison, $250,000 fines... so do not appear to be taken seriously.
Some say, it would take the conviction and sentencing of a downloader before the pirating community takes "copyright infringement" seriously.
The criminal and civil penalties for theft are relatively minor compared to what is prescribed for infringement.
Rowena wrote: "Welcome, Elle, and thank you for contributing to the group.Moreover, there are highly educated pirates (including a bunch on EBay) who know the law. Unfortunately, if they file the DMCA counter notice, the author's only recourse then is to sue... and few of us have the time or resources to do that, as they well know."
I'm new to this. What is a DMCA counter notice? And if the writer owns the copyright, how can another entity claim ownership? Does this mean a thief selling stolen merchandise, the same thief who stole the product can claim ownership? If so, we have a major problem, bigger than copyright infringement.
Mod
"NOTE TO EBAY: The following content is in the public domain, the eBooks on this disk are freely distributable. This item does not infringe any
of eBay's listing policies or spam policies. All images are royalty free and do not infringe any copyright."
Another example
"
This listing complies with all eBay rules and regulations. I hold resell rights to these ebooks. Files will be shipped out on a CD via USPS First Class Mail.
Shipping digital media through e-mail or other forms of computer networking is against eBay Policy."
One of the books on one of these discs belonged to an author who is well know for his legal pursuit of infringers!
THIS LOT OF E-BOOKS CONTAINS A AMAZING COLLECTION OF VAMPIRE NOVELS, A MUST HAVE FOR THE OCCULT READER!
Copyright:
* Public Domain: All of these books are in the public domain and therefore I am authorized to sell them.
* No copyright infringement has been made or is intended.
That vendor had one of my books in her "public domain" collection!
However, when one sees the list, it is plain that most of the authors are still quite youthful, and their recent works are well known not to be in the public domain.
A lot of publishers and authors probably think that individual auctions of 10 CDs at a time is small beans, even if there are 7,000 e-books on each collection, but the pirates do this week after week
becoming "power sellers".
Power sellers make over $3,000 a year, and run more than 600 auctions.
So, yes, not huge... except that all their customers believe that the books are in the public domain, and that they too are free to share or sell the books.
Mod
This "Search" will lead you to several sources.
http://www.google.com/search?q=DMCA+C...
The Chilling Effects site includes this, below. In my opinion, they tend to summarize and dumb down laws, and it is really better to visit a file sharing site, and look at the DMCA procedures and counter procedures found by following a text link in the footer saying either DMCA, or Copyright, or Terms Of Service.
Question: What are the counter-notice and put-back procedures?
Answer: In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)] If a subscriber provides a proper "counter-notice" claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual's objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)]
A proper counter-notice must contain the following information:
* The subscriber's name, address, phone number and physical or electronic signature [512(g)(3)(A)]
* Identification of the material and its location before removal [512(g)(3)(B)]
* A statement under penalty of perjury that the material was removed by mistake or misidentification [512(g)(3)(C)]
* Subscriber consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body. [512(g)(3)(D)]
If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the person harmed for any damages that resulted from the improper removal of the material. [512(f)]
See also How do I file a DMCA counter-notice?, and the counter-notification generator.
"Please note that we are not the 'hosts' of these books, neither did we upload them to any hosting provider. We simply find links to books, that were freely available on the web and share our findings with our members!"
Why does the DMCA allow this? I don't think you can stand outside a bank, point and say "free money".
This is not a non-commercial use!
To obtain ALL the books below, members & customers are asked to pay a small $2 service charge to help cover our time and expenses (once paid,we will send you the download links for the complete selection!).
Note: You may not like all the books below, however, they will make great gift ideas for family & friends!
The PayPal email addy for these alleged pirates is
freebiemaster@inbox.com
Maybe... send freebiemaster an email? Maybe complain to PayPal?
Some of the books. Check to see if you've been ripped off:
http://bookmaster.weebly.com/bookmix1...
The Untimely Demise of an Excellent Customer
The Bell Rock Mystery
Eclipse
The Host
Murder at Old Town: A Wally Dopple Mystery
Deadly Assembly
The Dead Man Adventures: A Series of Village Mysteries
Within: Confinement
Sexy As Hell
The Pendant
The Switch
Seeing Blind
Keeping the Moon
One-Two Punch
Report ebook piracy netpiracy@siia.net reportpiracy@rwa.org or staff@authorsguild.org http://www.ic3.gov/default.aspx