Why I Pirate Books
I just finished commenting on a friend's entry and remarked on our ebook readers. I personally chose the Kindle 2 in part for its free web browsing, which you can definitely abuse when you don't have mobile data service, and my personal preference for clickable hardware buttons. The nook, while I think its LCD screen is gimmicky and potentially distracting, is slightly more hackable in that it runs Android from a microSD card inside the device. If you're willing to open the case, void your warranty and spend a lot of time breaking grouns just as developers did in the infancy of the iPhone jailbreaking scene, given that, - it's sooo hackable.
But in any case, though I do pay attention to consumer facing hardware features like buttons and screens, they are secondary to consideration of the openness, cost, title availability and policies of the store that supplies the reader's content.
In this regard it's much less about formats and ePub and software and maybe even DRM, but very much about the platform and the behavior of the company that supports it. And here, both Barnes and Noble and Amazon have earned a failing grade in my eyes.
Amazon's Kindle
To the credit of Jeff Bezos, I'd normally gloat that Amazon gives away more free books and has a reasonable refund policy. However there are still many things that Amazon has not really been honest about:
1984 DRM deletions: Amazon earned a lawsuit when they remotely deleted copies of books, namely 1984, that were inappropriately published. Amazon promised in the court settlement not to delete books of their own volition, however this does allow for compliance with court orders.
KindlePID DMCA abuse: Amazon, like many other overly ligitious IP zealots, threatened to sue those who make a "KindlePID.py" tool available despite it's legitimate uses, and apparently without realizing that these kind of lawsuits tend to make these tools more widespread.
TTS read-aloud restrictions: This is not so much Amazon's fault but greedy publishers, which may fear that accessible reading functions intended for the visually impaired would cut into their audiobook sales. In my opinion these fears are irrational since for one, computer generated speech is not yet even comparable in terms of quality with a vocal track done by a real human. Note that the owner of the audio rights may or may not be the same entity that publishes the p-book.
Ban shenanigans: Amazon has been known to terminate customer accounts for what they deem are "excessive concessions", which in Amazon parlance includes product returns, claims on the A-to-Z guarantee program and other costs. Now that Amazon offers persistent downloadable goods such as Kindle books and videos, however, such a ban would deny access to previously purchased content. Kindle books would remain on the device but the page sync, Kindle Store and web browsing would be inaccessible, you cannot redownload any books that you delete, and the device could very well be rendered unfit for resale.1
Barnes and Noble's nook
Since Barnes and Noble is a relatively new entrant to the e-reader market, one would expect fewer foulups. However, astute buyers can note that Barnes and Noble has already institued up a laundry list of self-service store policies in scarcely the time it takes to launch a product:
No refund for ebooks you accidentally purchased policy. Amazon allows refund requests and even places a "Cancel purchase" button on every confirmation page, possibly to assuage fears about the ease by which books can be ordered (the default button on every book page is "Buy Now"). However please be warned that you may have your Kindle bricked, as noted above, if you ask for refunds "too much"! WARNING: This policy is also at Fictionwise and Mobipocket. eBooks.com may allow refunds "company management discretion".
Not open about DRM format. The nook is actually reported to use two kinds of DRM for ePub files, ADE (Adobe Digital Editions) and eReader "Social" DRM. There is no published device limit for either DRM system. eReader DRM simply encrypts the book with the credit card number used to purchase the book and is more widely supported in other e-readers. The latter method is used for most downloads, unfortunately, they do not make it clear which one is being used. Their two system DRM scheme and their lack of honesty about "What is DRM" on the FAQ page make it confusing to understand whether or not a book purchased from B&N's eBook store can, for example, be ported to a Sony or Irex reader.
One of the most touted features of nook is the ability to loan books to friends and to sample books for free while in a Barnes & Noble retail store via the AT&T Wi-Fi. Little do they mention these restrictions:
You can "lend" only ONCE per title. And only up to 14 days. Once the book has been lended you can never lend that book again. If you thought the book lending feature was generous, we've got a Zune to sell you.
One hour restrictions on in-store sampling. After one hour has elasped from your first sampling in the store, potential customers cannot preview any more books until the next calendar day. However, entire books can be previewed. Amazon only allows you to biew the first few pages, but you can keep a preview forever, take it where you want, and redownload previews as many times as you need. All these features are at publisher discretion.
Conclusion
Due issues such as the large costs (many times $9.99 at both stores), questionsable compatibility, and companies not being open about my ebook ownership, I've decided that I'm done with supporting the greed of the stores and publishers with DRMbooks.
While it pains me to deal with format conversions that leave poorly flowed text and ugly formatting flaws, and I do miss the Whispernet purchase convenience, I would much rather have a book that I can confidently know is mine and can be used where I want. I do want to support the authors and would eagerly do so given fair prices, consumer rights and the knowledge that my digital product is safe, transferable and durable.
In the meantime, though, I have just downloaded James Patterson's Maximum Ride series in a mix of .doc, .pdf, .html and .rtf formats and converted them to .prc using the Mobipocket Creator software. The indentations on the paragraphs have been lost, table of contents is broken and there is mostly no cover art. But it's worth it knowing that Amazon will not hold me hostage to its whims. Sorry, Mr. Patterson. I'll buy a paper copy, perhaps used, or perhaps next time I'm at Borders.
One solution for ebooks only available through Amazon, if I really want them, is to purchase them, using a separate account and prepaid credit that I have set up for that exclusive purpose, and remove the DRM using mobidedrm.pry when I have the time. Fortunately I have not encountered the propritary "topaz" format yet.
I understand why publishers want to protect their content but eBookstore policies - not strictly DRM, but the policies - are really ridiculous.1
Footnotes.
1. I would like to note: A few of these problems I mentioned do stem from software-related restrictions and there will always be discussion on how to bypass them and on the merits of DRM. In the end, though, this post is more than Yet Another Treative On DRM. DRM and DMCA are just IP tools in a toolbox, and a tool is only as good or bad as the user is. These problems speak not only of the pitfalls of specifically products - Kindle and Nook - but of the abuses that can be committed freely by companies - Amazon, B&N, publishers - that may not realize they are inconveniencing paying customers.
In the right hands, DRM could be an enabling tool that makes content more accessible, and actually feel more valuable and empowering rather than crippled. For example, portable licensing and the ability to lend media without restrictions by simply enforcing concurrency, similar to floating seats in networked software licensing system, could allow friends to share their media collections legitimately, instantly and legally. I would still not support an enrypted DRM system that is yet uncracked due to concerns about platform end-of-life rending my content obsolete, but I would purchase proof of license (and maybe even DRM encrypted content) if doing so felt valuable to me.
DRM doesn't kill consumer rights and innovation, companies do.
2. This one is a special pet peeve for me. Like the many IP-related abuses above, this one has also been played out before. Take the "Steam" platform, for example. In one case, players were banned from Steam, a game service from the publisher Valve, for attempting to use an unauthorized product key to gain access to games they were not entitled to. The problem is, the game service was also used to authorize access to all other games purchased by that customer. The ban, in effect, denied access to games that the customer had previously purchased.
I have personally never been banned from a subscription service or lost money to any of these DRM abuses, particularly due the fact that I avoid them like the plague. However, it strikes my consumer-protective instincts as wrong to confiscate money that a customer has paid for a service or to make it unusable, no matter what the customer has done or what the agreement has said. Especially since these provide perverse incentives for companies to misbehave.
It would tickle my heart to see an addition to the commercial code that requires mandatory pro-rated refund for failure to render purchased services and ensures the transferability of any provisions, features and allocations for online services or goods.
But in any case, though I do pay attention to consumer facing hardware features like buttons and screens, they are secondary to consideration of the openness, cost, title availability and policies of the store that supplies the reader's content.
In this regard it's much less about formats and ePub and software and maybe even DRM, but very much about the platform and the behavior of the company that supports it. And here, both Barnes and Noble and Amazon have earned a failing grade in my eyes.
Amazon's Kindle
To the credit of Jeff Bezos, I'd normally gloat that Amazon gives away more free books and has a reasonable refund policy. However there are still many things that Amazon has not really been honest about:
1984 DRM deletions: Amazon earned a lawsuit when they remotely deleted copies of books, namely 1984, that were inappropriately published. Amazon promised in the court settlement not to delete books of their own volition, however this does allow for compliance with court orders.
KindlePID DMCA abuse: Amazon, like many other overly ligitious IP zealots, threatened to sue those who make a "KindlePID.py" tool available despite it's legitimate uses, and apparently without realizing that these kind of lawsuits tend to make these tools more widespread.
TTS read-aloud restrictions: This is not so much Amazon's fault but greedy publishers, which may fear that accessible reading functions intended for the visually impaired would cut into their audiobook sales. In my opinion these fears are irrational since for one, computer generated speech is not yet even comparable in terms of quality with a vocal track done by a real human. Note that the owner of the audio rights may or may not be the same entity that publishes the p-book.
Ban shenanigans: Amazon has been known to terminate customer accounts for what they deem are "excessive concessions", which in Amazon parlance includes product returns, claims on the A-to-Z guarantee program and other costs. Now that Amazon offers persistent downloadable goods such as Kindle books and videos, however, such a ban would deny access to previously purchased content. Kindle books would remain on the device but the page sync, Kindle Store and web browsing would be inaccessible, you cannot redownload any books that you delete, and the device could very well be rendered unfit for resale.1
Barnes and Noble's nook
Since Barnes and Noble is a relatively new entrant to the e-reader market, one would expect fewer foulups. However, astute buyers can note that Barnes and Noble has already institued up a laundry list of self-service store policies in scarcely the time it takes to launch a product:
No refund for ebooks you accidentally purchased policy. Amazon allows refund requests and even places a "Cancel purchase" button on every confirmation page, possibly to assuage fears about the ease by which books can be ordered (the default button on every book page is "Buy Now"). However please be warned that you may have your Kindle bricked, as noted above, if you ask for refunds "too much"! WARNING: This policy is also at Fictionwise and Mobipocket. eBooks.com may allow refunds "company management discretion".
Not open about DRM format. The nook is actually reported to use two kinds of DRM for ePub files, ADE (Adobe Digital Editions) and eReader "Social" DRM. There is no published device limit for either DRM system. eReader DRM simply encrypts the book with the credit card number used to purchase the book and is more widely supported in other e-readers. The latter method is used for most downloads, unfortunately, they do not make it clear which one is being used. Their two system DRM scheme and their lack of honesty about "What is DRM" on the FAQ page make it confusing to understand whether or not a book purchased from B&N's eBook store can, for example, be ported to a Sony or Irex reader.
One of the most touted features of nook is the ability to loan books to friends and to sample books for free while in a Barnes & Noble retail store via the AT&T Wi-Fi. Little do they mention these restrictions:
You can "lend" only ONCE per title. And only up to 14 days. Once the book has been lended you can never lend that book again. If you thought the book lending feature was generous, we've got a Zune to sell you.
One hour restrictions on in-store sampling. After one hour has elasped from your first sampling in the store, potential customers cannot preview any more books until the next calendar day. However, entire books can be previewed. Amazon only allows you to biew the first few pages, but you can keep a preview forever, take it where you want, and redownload previews as many times as you need. All these features are at publisher discretion.
Conclusion
Due issues such as the large costs (many times $9.99 at both stores), questionsable compatibility, and companies not being open about my ebook ownership, I've decided that I'm done with supporting the greed of the stores and publishers with DRMbooks.
While it pains me to deal with format conversions that leave poorly flowed text and ugly formatting flaws, and I do miss the Whispernet purchase convenience, I would much rather have a book that I can confidently know is mine and can be used where I want. I do want to support the authors and would eagerly do so given fair prices, consumer rights and the knowledge that my digital product is safe, transferable and durable.
In the meantime, though, I have just downloaded James Patterson's Maximum Ride series in a mix of .doc, .pdf, .html and .rtf formats and converted them to .prc using the Mobipocket Creator software. The indentations on the paragraphs have been lost, table of contents is broken and there is mostly no cover art. But it's worth it knowing that Amazon will not hold me hostage to its whims. Sorry, Mr. Patterson. I'll buy a paper copy, perhaps used, or perhaps next time I'm at Borders.
One solution for ebooks only available through Amazon, if I really want them, is to purchase them, using a separate account and prepaid credit that I have set up for that exclusive purpose, and remove the DRM using mobidedrm.pry when I have the time. Fortunately I have not encountered the propritary "topaz" format yet.
I understand why publishers want to protect their content but eBookstore policies - not strictly DRM, but the policies - are really ridiculous.1
Footnotes.
1. I would like to note: A few of these problems I mentioned do stem from software-related restrictions and there will always be discussion on how to bypass them and on the merits of DRM. In the end, though, this post is more than Yet Another Treative On DRM. DRM and DMCA are just IP tools in a toolbox, and a tool is only as good or bad as the user is. These problems speak not only of the pitfalls of specifically products - Kindle and Nook - but of the abuses that can be committed freely by companies - Amazon, B&N, publishers - that may not realize they are inconveniencing paying customers.
In the right hands, DRM could be an enabling tool that makes content more accessible, and actually feel more valuable and empowering rather than crippled. For example, portable licensing and the ability to lend media without restrictions by simply enforcing concurrency, similar to floating seats in networked software licensing system, could allow friends to share their media collections legitimately, instantly and legally. I would still not support an enrypted DRM system that is yet uncracked due to concerns about platform end-of-life rending my content obsolete, but I would purchase proof of license (and maybe even DRM encrypted content) if doing so felt valuable to me.
DRM doesn't kill consumer rights and innovation, companies do.
2. This one is a special pet peeve for me. Like the many IP-related abuses above, this one has also been played out before. Take the "Steam" platform, for example. In one case, players were banned from Steam, a game service from the publisher Valve, for attempting to use an unauthorized product key to gain access to games they were not entitled to. The problem is, the game service was also used to authorize access to all other games purchased by that customer. The ban, in effect, denied access to games that the customer had previously purchased.
I have personally never been banned from a subscription service or lost money to any of these DRM abuses, particularly due the fact that I avoid them like the plague. However, it strikes my consumer-protective instincts as wrong to confiscate money that a customer has paid for a service or to make it unusable, no matter what the customer has done or what the agreement has said. Especially since these provide perverse incentives for companies to misbehave.
It would tickle my heart to see an addition to the commercial code that requires mandatory pro-rated refund for failure to render purchased services and ensures the transferability of any provisions, features and allocations for online services or goods.