Monday 12 April 2010

The ethical downloader

"An illegal download is – to use an ugly word – illegal. But in this case, it is not unethical. Author and publisher are entitled to be paid for their work, and by purchasing the hardcover, you did so. Your subsequent downloading is akin to buying a CD, then copying it to your iPod."

The above quote comes from Randy Cohen who, writing in the New York Times was answering a question about the morality of downloading pirated eBooks you had already bought. And I must say I feel much the same way - it's the same with downloading old TV shows that are not available on DVD and never shown on TV. After all how else would I get to see that obscure western series.

Now downloading blockbuster movies or even new music in a no no, and not something I do since I don't really like modern film - and yet there is no distinction made in law between someone who downloads a vintage show to someone downloading the latest box office bothering CGI fest.

The problem we have today and one which the lawmakers are not addressing is that our copyright laws are outdated, and don't reflect our digital world. And yet time after time the industry react in the same way - remember in the 80's when they said home taping is killing music - well it didn't. Now they are saying downloading is killing music which it isn't. Man, it's Simon Cowell that is killing music, but I'll save that for a future article.

But for now I'll leave you with a little more from Randy Cohen
many in the book business take a harder line. My friend Jamie Raab, the publisher of Grand Central Publishing and an executive vice president of the Hachette Book Group, says: “Anyone who downloads a pirated e-book has, in effect, stolen the intellectual property of an author and publisher. To condone this is to condone theft.”

Yet it is a curious sort of theft that involves actually paying for a book. Publishers do delay the release of e-books to encourage hardcover sales — a process called “windowing” — so it is difficult to see you as piratical for actually buying the book ($35 list price, $20 from Amazon) rather than waiting for the $9.99 Kindle edition.

Your action is not pristine. Downloading a bootleg copy could be said to encourage piracy, although only in the abstract: no potential pirate will actually realize you’ve done it. It’s true that you might have thwarted the publisher’s intent — perhaps he or she has a violent antipathy to trees, maybe a wish to slaughter acres of them and grind them into Stephen King novels. Or to clog the highways with trucks crammed with Stephen King novels. Or perhaps King himself wishes to improve America’s physique by having readers lug massive volumes. FULL ARTICLE

5 comments:

Matthew P. Mayo said...

Hi Gary,
I disagree with Cohen. Buying a hardcover/softcover doesn't entitle said buyer to a free e-version, pirated or otherwise. You've bought a version of a book, one of several possible incarnations. That's a bit like saying I bought a new Ford X street model and so I should get the Sports model for free. Nope.

It's a different version altogether. Downloading a pirated copy is flat-out theft. And anyone who wants to make a living by selling their work in as many versions as possible should be outraged and opposed to this. It's like allowing someone to reach into my wallet and peel out a few bucks and pretending I don't notice.

Cohen's way off the beam with this one. And if publishers want to "window" their products, so what? They're the ones producing them. Just because people have e-book readers doesn't mean publishers must immediately supply e-versions for them. Seems silly for them not to, but piracy can't be justified because Kindle users are stamping their feet and wringing their hands.

-Matt

Gary Dobbs/Jack Martin said...

Matt,

I agree with you to a point - but I do think publishers windowing product in order to squeeze every last drop of cash from the product is similar to the way the music industry's greed encouraged pirating of their product. Figures show that more money can be made from cheaper product and I see no reason, other than greed, why both the printed and electronic versions should not be released simultaneously.

Cullen Gallagher said...

One of the things I'm seeing now is that when you buy a vinyl record, the label also includes a free download code for mp3s. So, that way, you can purchase the album and still put it on your ipod.

I haven't gotten into ebooks yet, but do any publishers do a similar thing? Purchase the hardcover and get a coupon to download the ebook online for free, or even at a discount?

Gary Dobbs/Jack Martin said...

Cullen
That's a good idea -I recently bought a Family Guy DVD and that came with a second disc that synched the episodes to a PC or iPod. That could be something for publishers to consider especially with big names like Stephen King. But the hardcover to keep and use the eBook for its better versatility.

Unknown said...

I agree with Matthew. Cohen is overlooking some major problems. As another writer, I view the way e-books and e-readers are being introduced with trepidation. Every reader will find a brother/sister/online friend who has what they want. File-sharing will become commonplace. It will be so much easier than book borrowing, where the owner of a desirable item needs it returned.

I've seen commenters on blogs (other ones, not the Archive) say free e-books are no different to free library books. They seem ignorant that in most developed nations authors do receive some compensation through Public Lending Right schemes. The biggest snag with these is that payment is made only to an author who lives in the same country (or political union of countries) as the borrower. Thus neither Matthew nor I receive payment for our titles borrowed from UK libraries.

"Well, why should you when you don't pay taxes here?" one of the British BHW scribes once asked. As far as I was concerned, this was akin to saying no foreigner whose products are used by British consumers should be paid. Like, the New Zealand farmer should receive nothing when a Briton eats NZ lamb, butter or cheese, for example. And a free Japanese car, anyone?

If/when books sold to the public become mostly e-books, the problem of an income for the writer will be exacerbated. Musicians and actors have turned to live performance, but I can't see authors of fiction being able to go back to public readings in the fashion of Charles Dickens.

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