Constant Breaches of Copyright and the Remedy

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This is what I just posted on Fictionmania Message Board under the title "What are we going to do about it?" in response to the latest list of stolen TG stories"

"I hear people say that we can do nothing because the owner of the copyright is the only person with standing to sue, but that while that is true, Amazon can be held to account and they should be.
In the USA we have something called Criminal copyright infringement. Under this federal law it is a felony to "intentionally use or distribute another’s copyrighted material for financial gain". Once Amazon are informed of the fact that another holds the copyright, they are breaking to law by profiting from it.
The FBI has recently has been pursuing ‘intellectual property’ crimes such as illegal streaming but they are only concerned if there is scale. To my mind, yoy can't get more scale than Amazon.
Still, they need to show that the publisher knew that another held the copyright and they did not consent (pretty obvious if the title and author are changed) and that there is profit. It needs to be over $2,500 for felony charges, but we are talking multiple publications.
The claimed "author" can also be prosecuted and should be, but first the feds have to march in on Amazon and get them to take notice.
I suggest what we can do is keep building this information and then discuss how we can get federal law enforcement to take action.
Maryanne"

I feel particularly aggrieved that Crystal (C. Sprite) has been raped (if that is not too strong a word) by this criminal, aided and abetted by the most powerful company in the world.

Maryanne

Comments

class action

Patricia Marie Allen's picture

I've only published a couple of stories on Amazon and so far as I know no one has stolen any of my stories. However, if those authors who have been so afflicted and are willing to risk the notoriety were willing to join together in a class action suit against Amazon, perhaps Amazon might take notice. Having filed suit against Amazon, the lawyer could then write a letter to the FBI calling their attention to Amazon's complacency in the matter, the FBI then might be willing to take action.

Hugs
Patricia

Happiness is being all dressed up and HAVING some place to go.
Semper in femineo gerunt
Ich bin eine Mann

The point is that you would not know!

What these people do is that they take stories that have been posted on public sites like Big Closet, Fictionmania or Storysite and they rename them and add change the author name to be their own and they sell them splitting the profits with Amazon. My point is that civil action against Amazon is not a starter in pur genre because people want to retain anonymity or they are no longer writing or whatever, but this kind of activity is also a crime in the US. It is not a class action, just enough angry citizens to get the FBI to knock on Amazon's door and get them to take notice.
Maryanne

Softballs to Stop Train

What would you estimate would be enough angry citizens? A million? Two million? Ten million? People are selling several of my novels who I have never talked to. Erin has the only publishing agreement I've entered into.

It's horrible but part of the game.About a decade ago I had a very large website. People were constantly stealing our content. That's even more problematic because Google punishes you for having content that isn't unique.

Jill

Angela Rasch (Jill M I)

Copyright Lawyers

BarbieLee's picture

When I found two of my stories were on the net and NOT on BCTS I notified "Cloud" which was their ISP. I thought Cloud was a backup storage base but obviously more than that. Those who operate Cloud sent to me a legal form to fill out with a whole lot of questions. One of those questions those here at BCTS might run into is who is the author? Most here write under a different name than their given or legal name.
So you understand, it's normally not a problem as that is a very common thing for writers. Be truthful, because if it ends up in court, you'll lose if you misrepresented the truth. While searching for a lawyer I found several who do copyright on a contingency plan. Even so most will request a payment to cover initial costs such as office utilities and supplies to get things started. Rest assured I would NOT want to be on the receiving end of a copyright lawsuit But they can't do a whole lot if it's in another nation except turn it over to that nation's authorities. Think years, never to receive satisfaction if that happens.

Authors, I wish you the best with claiming your efforts and taking back you labors from thieves. I checked and one web site was no longer there and the other I couldn't find any mention of my stories. Obviously "Cloud" whoever they are got someone's attention.
Barbie Jean
Life is too short to take seriously. Have fun with it.

Oklahoma born and raised cowgirl

Authorship is not the problem with what I am sugggesting

This thing about criminal breach of copyright is that they do not need the author to prosecute.
These prosecutions have been most common against streaming service (music and movies) where the feds do not need to contact the authors at all, the only question is whether the offenders are profiting from the publication of material that they do not own.
This is very simple - how can we in our community, persuade the authorities that the crime being committed (which is fairly self-evident) is worthy of their attention. TBH I don't have an answer, other than to point out to the FBI that Amazon is happily profiting and sharing the proceeds of the crimes of others, which given the scale of that business, is hardly in the public interest.
I am looking for ideas, and then action.
Anybody?
Maryanne

The Crimes of Amazon and Google

Maryanne - about ten years ago I assembled an A-Team to establish a huge website that would have massive "Authority." "Authority" is what supposedly satisfies the Google algorithm that determines the order of websites offered on the res[onse page you get when you ask Google a question. We hired the best internet gurus available and created nearly two million words of unique content. We gained the endorsement of a national trade group. For a while, it appeared that our strategy was working. Revenues started to flow, and then we hit a glass ceiling.

It became readily apparent that Google was manipulating our "Authority." I spent another boatload of money chasing attorneys to stop Google's anti-trade behavior. The lawyers unanimously told me I was not going to change Google. We pulled the plug.

A few months later, Google paid a huge fine in Europe for doing the same thing there. Hmmmm. I guess no one in Washington read about it.

Them that have the gold, make the rules.

Did you watch the HBO series The Wire? The drug dealers on the corner constantly spoke about the "Game." If you publish online. . .your work is considered fair "Game" by many people. It doesn't have to be actually published for sale to be targeted by these "Scrapers." Because Amazon makes a ton of money selling stolen goods, things aren't going to change. I'm certain that what is taken by porch pirates is largely resold on Amazon -- and EBay.

I'm sure we could assemble dozens of things Amazon does that are crooked in that they are aiding and abetting.

I get two to three packages a day from Amazon. Just today I got a hard copy book recommended to me by Bru, a tower fan, a box of 24 Pearson salted nut rolls, Haflinger slippers, and eye shadow. I also ordered two books for my Kindle. If Amazon were put out of business I would not be happy.

So - if you don't get anything else out of this do yourself a favor and order some Pearson Salted Nut Rolls. They've been my favorite candy for six decades.

Jill

Angela Rasch (Jill M I)

You are right, of course

Yes, Jill, I am kicking a bush of thorns, but in frustration.
What a tale you tell!
The problem is that in the US once you achieve scale you are untouchable, and that applies in particular to Google and Amazon.
At least Europe has mechanisms and are immune to the lobbyists who really control American commercial policy.
But I would like to think that rather than live with injustice we might raise our voices.
As I said on my comment today on FM MB - "this is an easy fix for Amazon who are always asking about authorship. They need to have a system where given public notices of such clear breaches of copyright will result in the product being withdrawn from sale. Instead they choose to let the thief profit and take their share."
My idea was that the feds should come aknocking, but maybe they will hear if there are enough howls?
I doubt it, but it should not stop us from trying.
We are authors. We work hard and produce our stuff. Then somebody steals it and sells it and profits. I am not one to just shrug and move on. At least scream before you shrug (?)
Maryanne

A simpler approach?

Perhaps a simpler approach to this problem would be to inform Amazon that the stories are already available online for free, posting links to the originals.

Amazon's primary objective is making money. They probably aren't inclined to publish content that others are literally giving away.

Amazon

is IMHO nothing but an EVIL entity of the first order. They simply don't care about laws in their search for a few extra cents. They screw everyone who does business with them. Employees, suppliers, and even customers. Everyone is fair game for them in their relentless pursuit of extracting money often from people who can least afford it.
Free is not good business for Amazon.
I have not given Amazon a bent penny this year and I hope that I can go cold turkey on them for a whole year.
Samantha

Magnificent Century: Kosem on YouTube

It is glaringly obvious to me that the YouTube drama is nearly a complete copy of my "Desert Princess" unless the time limit on my Copyright has run out. Oh well.

Gwen

it's only run out if you didn

it's only run out if you didn't do an explicit copyright AND wrote it before 1957 OR have been dead 75 years.


I'll get a life when it's proven and substantiated to be better than what I'm currently experiencing.