The discussion around my post yesterday also entailed this comment over on another blog, and got me thinking further about what one actually purchases when one buys and e-book. The same, of course, applies to mp3s and any other property which can be reproduced by a third party at very low (often no) marginal costs.
There is a disconnect of language here, probably a side effect of legacy businesses working with their legal teams to try and grab control while the consumer base, disorganized as it naturally is, is expected if not forced to make its arguments with the rubric set by the producers. In other words, “buying” an e-book is different than “buying” a book, even though from the consumer’s standpoint, it shouldn’t be.
Let’s start with tangible books — you know, the dead-tree versions that sit on shelves. For those, there’s a pretty clear bundle of rights and lexicon, which I articulated in the comment linked-to above:
If I buy (“own”) a book, I expect to be able to do things such as re-sell, loan, rent, gift it. If I rent or borrow (“posses”) a book, I don’t, but expect to be able to do things like take it with me on a trip. If I am in your house and flip through (“access”) a book, you being a mensch aside, I probably can’t just walk out the door with it.
That’s not complete, of course, but it’s intuitive. For centuries, we have culturally understood ownership to mean something absolute, constituting exclusivity and control. If I own it, you don’t. You can’t tell me what to do with it, what not to do with it, etc. Obviously, there are going to be some limitations on my ownership when my ownership rights conflict with something in your bundle of rights in something. But the meaning of the term is pretty clear.
What is also typically clear is how one gets to own something. In most cases, you either buy it or receive it as a gift/inheritance. Sure, there are other situations, but even then the transfer of ownership is most often clear, clean, simple. Just over five years ago, two friends were over my apartment. As one left, he noticed a DVD on my bookcase, and asked if he could borrow it. I of course said yes, and he left. My other friend commented, immediately after, that I would never be getting the DVD back. We both knew he was right (and he still is). What lawyers may deem theft by conversion I instead saw as acceptable if not annoying. But in any event, it was clear — by any definition other than a hard legal one, my friend now owned that DVD.
Indeed, the biggest virtue of “ownership” is that it’s simple. Everyone — even a toddler (“Mine!”) knows what it means.
E-books, specifically, and digital media, generally, muddle that up. Right now, when you buy an e-book on your Kindle, you most definitely do not own that “book” in the typical meaning of the word “own”. You cannot, lawfully and/or technologically, use it in the way(s) which you would have been able to use the paperback version of the same content: you can’t lend it to a friend, donate it to a library, re-sell it, etc. Your rights are clearly delineated, I’ll bet, in the licensing agreement you entered into, but as the consumer, that’s not the bargain you expected. What is expected is the simple, common language: I bought it, therefore I own it.
The troubling part about all this is that the time-tested concept of ownership is clear, yet we have some odd expectation that it will yield to granularity in licensing. You can buy DRM music in the iTunes store or non-DRM. Amazon uses DRM-free content as a sales point. On the other side of the aisle, Creative Commons has six different licenses, some of which use ther term “non-commercial.” What does non-commercial mean? Answering that required a year long study (in which I participated) to yield a 255 page (!) .pdf to “define non-commercial”.
It’s all way, way too complicated. We need to find a way to keep it simple.
It means that money has left your bank account. Literally everything else is negotiable.
How about keeping it simple by publishing ebooks as digital sculptures that you can have and hold?
Like this:
http://www.fictioncircus.com/news.php?id=483&mo…
Yeah so, uh… why'd I click that link…
Even if you're right, my point is that it shouldn't be negotiable. Too many options blurs an otherwise clear line.
Whether we can get to a clear line is another problem, of course.
When you purchase a book you are actually purchasing a license for the interlectual property rights and a physical book. There are limitations. You can't for example photocopy the book and sell it.
The simplification comes because the license is linked to the physical object both legally and also as a physical copy protection. It is difficult to “copy” a book and everyone understands that isn't allowed.
There are two important differences though…
1) Because it is effectively impossible to enforce limitiations on transfering the book + license then sellers don't actually limit this use. However they do use other means to do this. For example text book publishers regularly bring out new editions reducing the ability of students to resell books to the next cohort of students. However the technical mechanisms to prevent copying are equally effective at preventing transfers and so publishers have chosen to limit transfer rights. They don't have to but it is in their interests to. This appears just to be a fact of life. One of those “can't do anything about” issues we should have serenity about.
2) The technical mechanisms used to enforce license limitations (DRM) are by nessessity proprietry to prevent people from reverse engineering them to bypass the protections. They also rely on a DRM infrastructure to validate a copy so it can be used on a specific device. The problem for the consumer is that when you buy a physical book then if the publisher goes out of business they still own the book and it doesn't become unusable. However with DRM protected purchases if the proprietry software is not updated and maintained so it can be used on the latest devices and operating systems or if the DRM infrastructure is not maintained and kept operational then the purchase can become unusable at exactly the point when it is no longer viable to recover compensation from the supplier. Here there are possibilities to protect the consumer. For example it could be a legal requirement to place unprotected copies of DRM protected purchases into escro. If a purchaser can demonstrate they can no longer use the purchase and the supplier is no longer trading then an unprotected copy could be provided. This would appear to be an area where we should have the courage to demand changes of our legislators.
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I don't like the tangible item plus license dichotomy. It's just not necessary. Ownership of a tangible (or even intangible) item doesn't entitle the owner to use the the item in unlawful ways. You can't bash in mailboxes or skulls with a lawfully-owned baseball bat, for example. But calling that a licensing issue makes something simple rather complicated.
As for your subpoints:
1) Operationally, it's difficult to prevent downstream resales of used items, but, if it were unlawful, it'd not be nearly as difficult as you think. Libraries and used book vendors would immediately cease to exist, leaving only peer-to-peer lending/sales. You couldn't eradicate it but you could hamper it dramatically.
2) I agree. DRM is a bad attempt to solve the problem I'm articulating. What we need, legislatively and technologically, is a framework which meets our already-existing vision of how ownership works. DRM does not do that, at all, for the reasons you articulated and others.
Hi:
if you let somebody borrow the actual Kindle where the e-book is stored, then in a sense you are extending the traditional ownership rights.
Except that I am also giving them the rest of my library, and that's
unreasonable.
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I'm of two minds on this. On the one hand, I've been loving/reading books for my entire life, and part of the fun of books is lending them, displaying them, re-selling them, buying them used, etc. Stuff that has to do with the physical-ness of the books. Losing those activities when you buy an eBook is, yes, a pain.
On the other hand, I've been reading eBooks on Palms/Smart Phones for 13 years now, and currently do more than half of my reading on such. With eBooks on my phone, I can do things that are impossible with printed books. I can carry many of them around. I can read in short bursts effectively, since they're portable and on my always-with-me device. I never lose a book — the two companies I buy from maintain my library in the cloud, and the free books I get from Gutenberg et al are always there.
In thinking about this, I'm beginning to regard “book” as two different things, the same as I have regarded “movie” since VHS came out. When I go to see a movie in the theater, I am renting the right to see it once, on a big dang screen, surrounded by people, in a dark place that smells like popcorn and corn syrup. I don't object to the fact that, when it's over, I have nothing to sell, trade, keep, display, etc. It's the movie experience. I can talk about having seen it, quote it, blog it, review it, pan it, etc. But the “it” doesn't belong to me in any way other than experientially. Two months from now, though, I can buy the DVD. That “thing” is mine. I can watch it 100 times, loan it to my brother, sell it at a used video store, loan it, display the case on my shelf, etc. They are two fundamentally different types of transactions.
I buy some books now in print because I make the pre-purchase decision that the physical-ness of the book is important to me. Large, colorful photo books. Tutorial/teaching books that I need to mark-up. Funny books that I know I'll only read once and want to loan away forever. Books by certain authors that are important enough to me to warrant space on my shelf as “personal historical art.”
If you want the rights associated with a DVD, buy the DVD. If you want to sit in a theater and watch on a big screen with your arm around your gal, do that. If you want to trade a book, give it away, use it as a coaster… buy the print version. If you want to read it on your phone while standing in line at the BMV, buy the eBook.
It's not complicated to me anymore. It's just two different things. Choice is good. Yes?
I think it's fair to suggest that the emphasis of my question is
misplaced — it's not “BUY an ebook” but rather “buy and EBOOK”,
perhaps. However, comparing the bundle of rights warranted by a movie
ticket to an ebook is not a true representation of how eBooks are
marketed. They're marketed more like a DVD than a movie ticket, yet I
agree, you're actually purchasing something much different.
I think it's fair to suggest that the emphasis of my question is
misplaced — it's not “BUY an ebook” but rather “buy and EBOOK”,
perhaps. However, comparing the bundle of rights warranted by a movie
ticket to an ebook is not a true representation of how eBooks are
marketed. They're marketed more like a DVD than a movie ticket, yet I
agree, you're actually purchasing something much different.
I guess he's baiting you 🙂
For me buying an ebook is the most convenient way to bring your readable materials without carrying the original traditional books, but these can also be used in plagiarizing the content of the original books.
I think that the terminology of 'buying' an ebook should be changed to 'leasing' an ebook. As of right now, it's implied that you own the book, which is not the case. Also, the comparison of buying an ebook to buying a ticket at the movie theater fails in a couple ways. With a movie ticket, there is no illusion that you are keeping the movie. You know from the very start that you have a very limited window in which to view the movie, and that you are only paying for one viewing. You do not bring it home with you. Even if you do, (a rental dvd, for example) you still have to bring it back. It is the nature of the beast. However, you also don't pay the same price. With the exception of self published ebooks and small ebook 'sellers', most ebooks are sold at nearly the same price as the physical copy. Essentially, you are paying for less rights than you wold be if you bought a physical copy, and the only trade-off is that you don't have to lug the physical copy around (or have it shipped to you if no one near you carries it). I agree that the whole experience needs to be simplified, and in addition I think that clarifying what exactly it is you are doing with your money would be helpful.