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  • Inside Views

    Contribute your views! Submit an Inside Views idea on any relevant topic to info [at] ip-watch [dot] ch, or leave a comment within any piece such as below.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

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    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.

    US Second Circuit Decision Opens Questions Of Transformative And Fair Use

    A recent US court decision introduces entirely new questions about the balance between a transformative work and a copyright infringement. It also places the responsibility of balancing the public interest in freedom of expression against the interests of rights holders squarely in the hands of the court, writes Leslee Friedman.


    Brazil’s Discussion On Copyright Law Reform – Response To The Digital Era?

    Brazil is actively engaged in a cutting-edge debate over reform of its copyright law, involving issues such as the abuse of copyright holders and constructive exceptions in the law (like copying for education and/or transformative purposes and authorisation to copy by libraries and museums to preserve their works). But the government needs to hear from all interested parties – especially the artists – and avoid letting the debate transform into a political-ideological discussion, writes Brazilian lawyer Manuela Correia Botelho Colombo.


    Intellectual Property Watch
    10 March 2010

    Interview With Bill Pollock, Founder Of No Starch Press

    Disclaimer: the views expressed in this column are solely those of the authors and are not associated with Intellectual Property Watch. IP-Watch expressly disclaims and refuses any responsibility or liability for the content, style or form of any posts made to this forum, which remain solely the responsibility of their authors.

    Bill Pollock is the president and founder of No Starch Press, which publishes books on computing. Known to offer the “finest in geek entertainment,” the publishing house has released such titles as “Steal This Computer Book,” “How Linux Works,” “Hacking: The Art of Exploitation,” “The Cult of Mac,” and “The Unofficial LEGO Builder’s Guide.” Its books are largely about hacking, open source, security, programming, and non-Windows-based operating systems, such as Linux.

    Mr. Pollock shared his thoughts with Intellectual Property Watch about hacking, piracy, and future of the book publishing business.

    INTELLECTUAL PROPERTY WATCH [IPW]: How do you view the threat of piracy affecting your business model and intellectual property right in general?

    BILL POLLOCK: There are people who pirate books. There are pirate sites for technical books. A lot of people just collect the stuff. They don’t even read it. The whole thing is they want to have it. If you try to prevent them, then they’ll work that much harder to defeat you. Even if they don’t care to read the thing, it is like “if want to lock me out, then I am going to find another way to get in there.”

    IPW: Between Amazon, Kindle eReaders, and online publishers, how have the competitive dynamics of the book publishing industry evolved recently?

    POLLOCK: In the book publishing business, before the internet, when you released a book and because you controlled the distribution channel, there were very few channels. It was very easy to control. You would go and buy promotion at Barnes & Noble and Borders [bookstores in the United States]. When you wanted to buy a book, you went to a bookstore. Then Amazon came along and all of a sudden all of these books become available [on the internet]. So for traditional publishers, that is a new challenge. Now they don’t get to just buy their way into these markets. They have a lot of competition.

    Some publishers are having a hard time, but fortunately, we are not having a hard time because we are publishing books that people want to buy. It depends on the topic.

    You are looking at what makes a publisher versus a printer, for example. We are selling people a certain brand and they order a certain quality from us that is going to be worth reading and it is worth the price.

    Some publishers that publish book after book after book are really hurting. People are like “I don’t need that or that’s not useful for me or their stuff is no good and I’m not going to pay the price for it.” So we try to publish selectively and interesting titles so that people will say “I think that’s cool and I’m interested in buying it,” rather just some boring reference on something and they buy it because they have to and so on.

    IPW: So is there a market for people reading a huge manual electronically? Won’t they want the book instead?

    POLLOCK: I personally don’t care. I’ll sell books any way someone wants to read it. If they want to read it on their Kindle, then we’ll sell it on their Kindle. Unfortunately, the Kindle is not the best way to display it. There is something about the book as a medium that is very attractive.

    I actually talked about this when I visited a class of 11 and 12 year olds and I asked them about books and I figured they wouldn’t like books but they actually like something about the physical form of books. Who knows why, but there is something about the physical form of a book that people like.

    But I don’t care because I am in the business of producing packaged content – here is something worth reading in whatever form you want to read it. If people want to read it on the Kindle, then I’ll sell it electronically. If people want to sell it in print, then I’ll sell it in print.

    We’re not publishing novels here. I think people who publish coffee table books will still have their own market, but with cookbooks, when it comes to recipes, I just type in the ingredients on Google and that is my recipe. But by the same token, if I was really into French cooking, then a book on French cooking can give me in-depth, reliable information that is an aspect of the internet that is missing. A global search result is only based on what people are reading. What they are looking at isn’t something you necessarily want to see. [Valuable content] is not necessarily a popularity contest.

    We’re a business – I’m not going to say that we’re not going to sell to them electronically because you must buy the printed book. So if you want it this way, then let’s figure out how to get it to you in the first place.

    IPW: Video game companies now mostly produce console games since they are more difficult to pirate and distribute than the PC versions. Will book publishers move to a more locked-down electronic distribution system like their video game developer counterparts?

    POLLOCK: I’m not focused on that. But when we licence for content to various mediums, we have the Kindle deal going but we also have unlocked .PDF [files]. We play every side of the fence. I don’t know which way people will go, but the reality is that people will buy versions for the Kindle even though there are free versions everywhere of so many books. It’s not a one-to-one conversion. People are not going to buy a Kindle version because there is a free version on a pirate site. People buy the Kindle because they can put whatever they want on it.

    IPW: Thank you.

     


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.