Yes, Mike could borrow Bob's scanner. Yes, Bob could scan Mike's book for Mike. No, Bob could notscan his own copy and give it to Mike, since Bobn is then -NOT- media shifting.
Your original claim is justifiable, if problematic. If you think that interfacing with someone who is actively distributing something in contravention of the law is morally problematic it's certainly possible to support that in various ways.
This position, however, is ludicrous. Both books have the exact same content. If the right to create a copy that is shifted to another physical location and format exists, it must do so because the purchase of the former grants you a right to utilize the content itself (rather than just the physical representation of it you originally bought) in various ways. If so, what you have to do to get at the raw content might be ethically and legally relevant (if you have to participate in a criminal activity, for example) but whether your digital copy is "sourced" from the same physical book is not.
I'll note that inasmuch as your position seems to be based purely on an appeal to authority ("this is the law, so it must be right"), US caselaw suggests that someone else format-shifting for you, from a copy of the same media that you own, is legal as long as it is established sufficiently firmly that you do own the content in question.
Your original claim is justifiable, if problematic. If you think that interfacing with someone who is actively distributing something in contravention of the law is morally problematic it's certainly possible to support that in various ways.
This position, however, is ludicrous. Both books have the exact same content. If the right to create a copy that is shifted to another physical location and format exists, it must do so because the purchase of the former grants you a right to utilize the content itself (rather than just the physical representation of it you originally bought) in various ways. If so, what you have to do to get at the raw content might be ethically and legally relevant (if you have to participate in a criminal activity, for example) but whether your digital copy is "sourced" from the same physical book is not.
I'll note that inasmuch as your position seems to be based purely on an appeal to authority ("this is the law, so it must be right"), US caselaw suggests that someone else format-shifting for you, from a copy of the same media that you own, is legal as long as it is established sufficiently firmly that you do own the content in question.
Reply
Reply
Leave a comment