Skip to content

Black Shards Press

Forgetting Past Mistakes is to Repeat Them

Menu
  • Home
  • Novels
    • Liberty First Novels – The Recognition Saga
      • Recognition Free Chapters
  • Short Stories
  • Op-Ed Blog
  • About
Menu

SFWA, Scribd.com and ePiracy and why its important

Posted on September 12, 2007 by dbroussa

Over the Labor Day weekend there blew up a weird story that involved the Science Fiction Fantasy Writers Association (SFWA) and the website scribd.com.  For those not in the know (like me), scribd.com allows users to upload text files and share them with users in a collaborative format (not unlike Flikr).  Now the problem arose when a number of users on the scribd.com site started posting copyrited materials.  These included the texts to a number of novels by writers such as J. R. R. Tolkien, Isaac Asimov, Robert Silverberg and others.  To sum up the fracas, SFWA acts as an advocate for authors that do not have the means to protect their own copyrights, and also specifically for the estates of some authors (Silveberg to be one).  So, the SFWA tried to contact scribd.com to get them to stop the posting of the files.  It appears that scribd.com was not exactly cooperative with SFWA and so the SFWA sent them an e-mail that claimed to be a DMCA notice.  The DMCA is very explicit on how such takedown notices must be formatted and the SFWA did not meet those guidelines.  Additionally the SFWA did not vet their list properly and included works that were in the public domain or used a Creative Commons license for free distribution.

Now the fun really began.

Scribd.com did start to take down some of the copyrited works, but two other things happened.  One was that a novel by Cory Doctorow entitled Down and Out in the Magic Kingdom.  To be fair, SFWA did mess up.  Their takedown notice was not in the correct format, and also included works that they did not have the authority to request a takedown for.  This was a mistake.  The President of the SFWA apologized for the mistake and the organization disbanded its ePiracy group.  Scribd.com did being to make efforts to remove much of the copyrited material, but evidently not all.  They also contacted the Electronic Freedom Foundation (EFF) to begin litigation against SFWA (or at least threatened to do so).  This was likely the major reason for the disbanding of the ePiracy group in SFWA.

But this brings up some very interesting points.  There has been a lot of discussion on this topic (and I liked to a large number of articles about it below), but the theme tends to run along a couple of salient points.

First…who should protect the IP of a writer?

Second…Should the SFWA act on behalf of its members to protect their IP?

Third…just how bad/stupid is the DMCA and should it be repealed/modified?

Fourth…just who is the victim in this affair, scribd,com, SFWA, the authors, Cory Doctorow, anyone?

Fifth…is IP really something that can/should be protected?

Ideally, when an person creates something, a book, a painting, a photograph, software, music, etc., they should be able to decide how it is distributed.  For example, professionally I create software systems for the use of companies.  Part of my employment agreement is that my employer owns the rights to anything that I create.  This is OK with me as I don’t really want to own it (and assume the liability).  In compensation I get paid well for my IP.  I also like to take photos with my digital camera, and I like to write blog entries (like this one).  In those cases, I do not attempt to make money off of them (and honestly would just be thrilled to be recognized as taking a cool photo, or writing an insightful blog entry).  So, for the most part, I freely distribute them in the hopes of my Instalanche ™ or similar 15 minutes of fame.

But what, if I made my living from selling photos that I took?  What if my written word was my livelihood?  I doubt that I would be all that happy to see it distributed without my being paid for it.  It would be no different from my work at a company being given to another company without my employer being paid for it.  This is, in essence, the fight over Intellectual Property.

So, who should protect a creator or IP from someone using or distributing their work (without their permission) and not paying for it?  Well, the US government has laws (specifically the DMCA and the Copyright act of 1975) that protect the rights of creators.  They aren’t the best laws, and they have a lot of problems with them, but they do allow for creators to stop people from, in effect, stealing from them.

John Ringo, one of my favorite authors currently, says that this is the job of the publisher.  In his words

Jerry says that ‘absent SFWA’ no one will protect the rights of the authors. In a way, he’s correct. But authors shouldn’t have to defend their rights.

That is what publishers are for.
If the work is currently in circulation and the publisher does not support ‘free range’ ebooks, let the publisher’s legal department handle it. They have lawyers and paralegals and all the rest. They may even have database people who can create a simple query. ‘If: book = free-range Then: Don’t Sue’

He has a point, but I would point out that not every publisher has the deep pockets that allow them to pursue such legal adventures.  Not only that, but for many authors their works are not mainline books that publish tens of thousands of copies and make the author millions of dollars.  And what if they aren’t books, but magazine articles, photographs, or essays?  In Mr. Ringo’s case, his publisher makes hundreds of books freely available on their website.  They also have a policy that if you purchase an eBook from their site that you CAN distribute it.  Its a great marketing policy and got me interested in the Belesarius and Lt Leary series by David Drake.  It also got me to read Mr. Ringo’s series with David Weber (The Prince Roger Series).  I don’t dispute that eBooks are a great way to market.  I DO dispute that every author must feel that way…or more importantly every creator.  What does a creator do, when their distributor (publisher) does not bother to enforce their copyrights?  After all, its the author that is loosing the money.  The distributor is loosing only potential revenue, and they might not care.  Jerry Pournelle brings up a very good point that some of his books have exclusive electronic distribution channels and thus he is not even allowed to publish them himself on his website.  Why should scribd.com be allowed to make money on his works in a way that he is not?

As of now, the SFWA is out of the ePiracy business.  To some this is a good thing, to others, it isn’t.  How this all turns out remains to be seen.  For the 800lb gorillas in the marketplace (the Ringos, the Webers, etc.) they will likely continue to have the financial wherewithal to stop people from stealing their IP.  As I wonder what will happen when my wife publishes her books…will she be able to stop someone from stealing her IP and making money off of it?  I hope so.  But, since we won’t likely have the money to prosecute…I hope that some group (SFWA, her publisher, or some other group) will be able to help us out if such a thing happens.  Of course…what I really am hoping for is that her works are so amazingly popular that this will be a real issue for us (cause that will mean that we are going to be crazy rich!!!).

I recommend reading first the essay by Cory Doctorow on BoingBoing.  Then the article on Ars Technica.  They are the most critical of the entire affair casting the SFWA in the mold of RIAA or the MPAA as a corporate entity that is trying to squash scribd.com.

Then I would recommend reading Jerry Pournelle’s discussion on his website Chaos Manner Reviews.

Dr. Pournelle pointed me to some essays by Peter N. Glaskowsky here, here and here.  He delves into some of the more amazing levels of scribd.com abuses by its members.

You can also read the scribd.com office response on their blog.

John Scalzi (an author that I like even if I think he is a political dolt) ran for president of SFWA and lost.  He was asked by his readers to talk about it and I think he pens and excellent, well written, and very balanced article that points out the mud on both parties faces.  He did used to be a reporter and it shows in his writing here.

Lastly, I learned of this brou-ha-ha by reading John Ringo’s website (I had just finished reading Vorpal Blade, very good BTW), and was looking at his upcoming releases when I saw a post about “That SRIBD thing”.  I didn’t know what it was so I opened it and then read Pournelle’s piece.

All in all it was worth spending my lunch reading about all of this.  I have to admit that I have mixed feelings on the issue due to my work being a creator (over which I don’t technically hold any rights) and being married to a creator (whom I hope to one day have to honestly worry about having her stuff stolen because it is so popular).

Categories

  • Abortion
  • Afghanistan
  • Africa
  • Age Issues
  • Agriculture
  • Book Reviews
  • Business
  • Celebrities
  • Child Care
  • Christianity
  • Cinema
  • Communism
  • Conservatism
  • Crime
  • Death Penalty
  • Democracy
  • Denmark
  • Discrimination
  • Drugs
  • Education
  • Energy
  • England
  • Environment
  • Evolution
  • Family Values
  • Finance
  • France
  • Free Speech
  • Gay Rights
  • General News
  • Gun Control
  • Health
  • Holocaust
  • Humor
  • Immigration
  • India
  • Iran
  • Iraq
  • Islam
  • Israel
  • Justice
  • Korea
  • Law
  • Liberalism
  • Libertarianism
  • Literature
  • Media
  • Medicine
  • Men's Rights
  • Mexico
  • Middle East
  • Military
  • Music
  • My Tweets
  • National Security
  • Pakistan
  • Parenting
  • Personal
  • Philosophy
  • Political Correctness
  • Politics
  • Privacy
  • Race
  • Religion
  • Right to Die
  • Russia
  • Saudi Arabia
  • Science
  • Site News
  • Society
  • Space
  • Sports
  • Stupidity
  • Taxation
  • Technology
  • Term Limits
  • Terrorism
  • Texas
  • Transportation
  • Turkey
  • Unions
  • Venezuela
  • Welfare
  • Women's Rights
  • World
  • Youth

Archives

  • February 2025
  • March 2022
  • January 2022
  • December 2021
  • October 2021
  • January 2021
  • November 2020
  • March 2020
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • May 2016
  • April 2016
  • March 2016
  • March 2015
  • December 2014
  • October 2014
  • September 2014
  • January 2013
  • December 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008
  • October 2008
  • September 2008
  • August 2008
  • July 2008
  • June 2008
  • May 2008
  • April 2008
  • March 2008
  • February 2008
  • January 2008
  • December 2007
  • November 2007
  • October 2007
  • September 2007
  • August 2007
  • July 2007
  • June 2007
  • May 2007
  • April 2007
  • March 2007
  • February 2007
  • January 2007
  • December 2006
  • November 2006
  • October 2006
  • September 2006
  • August 2006
  • July 2006
  • June 2006
  • May 2006
  • April 2006
  • February 2006
  • January 2006
  • July 2005
  • June 2005
  • May 2005
  • June 2004
  • December 2003
  • November 2003
  • October 2003
  • September 2003
  • August 2003
  • July 2003
  • June 2003
  • May 2003
  • April 2003
  • March 2003
  • December 2002
  • November 2002
  • October 2002
  • September 2002
  • August 2002
  • July 2002
© 2026 Black Shards Press | Powered by Minimalist Blog WordPress Theme