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Thread: [File sharing] eSnips

  1. #1
    Girl Detective Stacia Kane's Avatar
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    [File sharing] eSnips

    (I'm not certain this is exactly the right subforum for this, but it seems to fit best. Feel free to movie it, of course.)

    Has anyone else seen this website? http://www.esnips.com/

    It's a file-sharing site, supposedly for people to share their own art, pictures, originsal music etc....but there's a booming business in the free sharing of ebooks, as well. And not just ebooks by ebook romance writers, but everything from Shakespeare to Twain to Stephen King. Some of these files show over 400 dowloads, all free.

    Apparently the owners will take stuff down if you complain, but it just pops up again a few days later.

    The reason I'm putting it here, aside from the obvious, is someone on one of my author groups said the site takes the issues a lot more seriously, or has a broader expanse of what it can do, if the actual author contacts them. I'm not sure about that--it sounds rather fishy to me--but I thought it was worth a warning to everyone anyway.
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  2. #2
    Girl Detective Stacia Kane's Avatar
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    http://www.staciakane.com

    FIVE DOWN, a Downside anthology, available now!
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    Click here for more details.


    WRONG WAYS DOWN available now!


  3. #3
    Dreamer of dreams, teller of tales Absolute Sage Susan Gable's Avatar
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    LOL - I wasn't sure where to put this, either. I just posted about it in the Novels forum. But I think you're right -- it probably fits better in here.

    One of my books, which has never been an ebook, is up there, free for the taking. <sigh> I've made my publisher and their legal department aware of it, but I'd advise all other pubbed authors who hang here at AW to go and check, see if your stuff is up there, and also make a fuss about it.

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  4. #4
    Writer Beware Goddess Absolute Sage victoriastrauss's Avatar
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    I just passed the info on to SFWA's epiracy committee. They've had a lot of success at taking down pirate sites. This one may be much more difficult, though, because who do you go after, the site or the individuals?

    If they're pirating novels, they're pirating photographs and artwork and music as well.

    - Victoria

  5. #5
    Girl Detective Stacia Kane's Avatar
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    Victoria, is this the type of situation where a class-action lawsuit against the site administrators might be an idea? Because they are ultimately responsible for content displayed on their site, aren't they?

    Is that what worked with Napster, in the end? (Does anybody know?)
    http://www.staciakane.com

    FIVE DOWN, a Downside anthology, available now!
    Four previously published short stories and one brand new novella, together in one volume.

    Click here for more details.


    WRONG WAYS DOWN available now!


  6. #6
    Now departed. Rest in peace, Scott, from all of us at AW Requiescat In Pace Popeyesays's Avatar
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    Quote Originally Posted by victoriastrauss View Post
    I just passed the info on to SFWA's epiracy committee. They've had a lot of success at taking down pirate sites. This one may be much more difficult, though, because who do you go after, the site or the individuals?

    If they're pirating novels, they're pirating photographs and artwork and music as well.

    - Victoria
    Today two of George R. R. Martin's fantasies are up there for grabs on the first page of novel downloads Songs of Ice and Fire both vol 1 and vol. 2. You might let him know.

    All eight of Jim Butcher's books in the Harry Dresden Files are in one convenient file for anyone to get as a *.lit file. Jim Butcher works for a living for crying out loud!

    Michael Crichton's Jurassic Park is there, someone should let HIM know.
    Last edited by Popeyesays; 02-27-2007 at 10:24 PM. Reason: to add more outrage
    [B]Okay, damnit, I blog [URL]http://cscottsaylorsbooks.blogspot.com/[/URL][/B]
    [B]Sword of the Dajjal[/B] e-book, [SIZE=2]Published by BooksForABuck.com May, 2007 ISBN: 978-1-602-052-2 [URL]http://www.booksforabuck.com/sfpages/sf_07/sword_dajjal.html[/URL][/SIZE]
    Out in print early 2008 from Blu Phi'er[URL="http://www.fictionwise.com/eBooks/eBook47261.htm?cached"][/URL]
    [B]Jars of Doom[/B] out mid 2008 from Blu Phi'er
    [URL]http://www.bluphier.com/[/URL]

  7. #7
    It's hard being green ChunkyC's Avatar
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    Because they are ultimately responsible for content displayed on their site, aren't they?
    I would say they are responsible if knowingly facilitating the distribution of copyrighted material without consent of the copyright holder, but I'm not a lawyer, so that's just my opinion.

    Regardless, it's obvious just from this thread alone that copyrighted material is being distributed via that site without the permission of the copyright holder, and to the best of my knowledge, that is illegal, plain and simple.

    Go get 'em, folks.
    "Hey, Steve, just because you broke into Xerox's store before I did and took the TV doesn't mean I can't go in later and steal the stereo." -- Bill Gates, Mac Week, March 14, 1989

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  8. #8
    volitare nequeo AW Moderator veinglory's Avatar
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    I think the suggestion of contacting the webhost is likely to have the quickest effect.
    Emily Veinglory

  9. #9
    It's hard being green ChunkyC's Avatar
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    This is in their terms of use:
    You may not use the eSnips.com service for any illegal or unauthorized purpose or in a way that violates any laws in your jurisdiction (including but not limited to copyright laws). International users agree to comply with all local laws regarding online conduct and acceptable content.
    So, it appears anyone uploading copyrighted material to esnips is in violation of the site's terms of use as well as copyright law. Judging by this, the site should be amenable to helping you get your copyrighted material removed from their servers.
    "Hey, Steve, just because you broke into Xerox's store before I did and took the TV doesn't mean I can't go in later and steal the stereo." -- Bill Gates, Mac Week, March 14, 1989

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  10. #10
    Now departed. Rest in peace, Scott, from all of us at AW Requiescat In Pace Popeyesays's Avatar
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    From eSnips website:
    Notice of Claims of Copyright Infringement

    It is the policy of eSnips, Ltd. to respect the legitimate rights of copyright and other intellectual property owners. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"), eSnips has designated an agent (specified below) to receive notifications of claimed copyright infringement on its sites.

    If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide eSnips' Copyright Agent with the following information in accordance with the DMCA:

    An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    a description of the copyrighted work or other intellectual property that you claim has been infringed;

    a description of where the material that you claim is infringing is located on the eSnips site, with enough detail that we may find it on our web site;
    your address, telephone number, and email address;
    a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
    a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
    eSnips' agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

    Efrat Moshkoviz
    eSnips Ltd.
    P.O Box 40
    Hashahaf St.
    Ein Sarid, Israel 40697

    Telephone: +972-9-865-3789
    Facsimile: +972-9-8855240
    Email: notice@esnips.com

    Let's FLOOD FLOOD his e-mail and fax shall we--anybody who finds their stuff up there unauthorized.
    [B]Okay, damnit, I blog [URL]http://cscottsaylorsbooks.blogspot.com/[/URL][/B]
    [B]Sword of the Dajjal[/B] e-book, [SIZE=2]Published by BooksForABuck.com May, 2007 ISBN: 978-1-602-052-2 [URL]http://www.booksforabuck.com/sfpages/sf_07/sword_dajjal.html[/URL][/SIZE]
    Out in print early 2008 from Blu Phi'er[URL="http://www.fictionwise.com/eBooks/eBook47261.htm?cached"][/URL]
    [B]Jars of Doom[/B] out mid 2008 from Blu Phi'er
    [URL]http://www.bluphier.com/[/URL]

  11. #11
    practical experience, FTW JulesJones's Avatar
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    I've emailed Ellora's Cave to warn them, since I saw one of theirs while checking for my own. There are books from other eromance houses, but I'm too fuzzy this morning to go chasing contact emails for everyone.
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  12. #12
    Dreamer of dreams, teller of tales Absolute Sage Susan Gable's Avatar
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    Quote Originally Posted by ChunkyC View Post
    This is in their terms of use:

    So, it appears anyone uploading copyrighted material to esnips is in violation of the site's terms of use as well as copyright law. Judging by this, the site should be amenable to helping you get your copyrighted material removed from their servers.
    Yeah, I read that -- I'm sure they hope that's the CYA clause, and that because they told people not to do that, those naughty, naughty people, that they're covered.

    I say they're responsible to patrol their site and be on the look-out for violators. And there are SO MANY novels posted there, there's no way they're oblivious about it.

    JK Rowlings will get them. Harry Potter is up there. Sic 'em, JK! <G>

    I've notified a few other authors, including a non-fiction author whose book I discovered up there.

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  13. #13
    It's hard being green ChunkyC's Avatar
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    I say they're responsible to patrol their site and be on the look-out for violators.
    I'd have to agree. Putting that clause in place puts the onus on them to make a reasonable effort to enforce it, I would think. Hopefully they will do so.
    Last edited by ChunkyC; 02-27-2007 at 11:12 PM.
    "Hey, Steve, just because you broke into Xerox's store before I did and took the TV doesn't mean I can't go in later and steal the stereo." -- Bill Gates, Mac Week, March 14, 1989

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  14. #14
    Still plays with dolls Pagey's_Girl's Avatar
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    Quote Originally Posted by DecemberQuinn View Post
    Victoria, is this the type of situation where a class-action lawsuit against the site administrators might be an idea? Because they are ultimately responsible for content displayed on their site, aren't they?

    Is that what worked with Napster, in the end? (Does anybody know?)
    Not class action, I don't think - Metallica sued them and a bunch of their fans individually, for downloading stuff. I know there were several other bands who also requested that Napster remove their stuff as well, but I'm not sure if anyone else went the legal route.
    "Making words believe in themselves is an art form of a kind/Grasping branches that are too weak to hold the weight of lies..." Satellite Paradiso, "Big Block."

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  15. #15
    I heart Malamutes! :-) JerseyGirl1962's Avatar
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    Quote Originally Posted by Popeyesays View Post
    All eight of Jim Butcher's books in the Harry Dresden Files are in one convenient file for anyone to get as a *.lit file. Jim Butcher works for a living for crying out loud!
    Thanks for this. I've really enjoyed the Dresden Files.

    I've sent of an email to JB.

    And received a reply:

    "Nancy,

    Thanks for notifying us about it. The publisher's legal
    department has been
    notified and they are looking into it."

    Thanks for finding that site, December Quinn. I thought of the old Napster, too.

    ~Nancy
    Last edited by JerseyGirl1962; 02-28-2007 at 01:58 AM.
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  16. #16
    Lost in School Work icerose's Avatar
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    Update on the number of books on there, nearly 5000 so far.
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  17. #17
    Chryssie
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    There was a link on eSnips that goes to a forum especially for sharing romance books. I'll start a new thread on it.

  18. #18
    Writer Beware's Faithful Igor Richard White's Avatar
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    I've informed Pocket Books about their stuff up there. I don't think S&S is going to take this very well and they have VERY good lawyers.

  19. #19
    It's hard being green ChunkyC's Avatar
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    I am so proud to know you good people.
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  20. #20
    Hagiographically Advantaged AW Moderator HapiSofi's Avatar
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    I've informed Legal at the house where I work. There's a bunch of our stuff up on their site.

    DecemberQuinn said:
    Apparently the owners will take stuff down if you complain, but it just pops up again a few days later.

    The reason I'm putting it here, aside from the obvious, is someone on one of my author groups said the site takes the issues a lot more seriously, or has a broader expanse of what it can do, if the actual author contacts them. I'm not sure about that--it sounds rather fishy to me--but I thought it was worth a warning to everyone anyway.
    If they take material down, and then it goes back up and they leave it up, I believe they're in some measure liable for the infraction.
    Winner of the Best Drycleaner on the Block Award.

  21. #21
    Chryssie
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    Hey December, it's working! Here's a quote from another share site:
    I only recently discovered esnips and just as I was starting to work out how to search for books I was looking for the files were disabled.
    Thanks for posting about it.

  22. #22
    Now departed. Rest in peace, Scott, from all of us at AW Requiescat In Pace Popeyesays's Avatar
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    Links to Frank Herbert's books are broken now, but old Hardy Boys and Victoria Holt are still there and active. What I like is how it credits the 'author' of the posting.
    [B]Okay, damnit, I blog [URL]http://cscottsaylorsbooks.blogspot.com/[/URL][/B]
    [B]Sword of the Dajjal[/B] e-book, [SIZE=2]Published by BooksForABuck.com May, 2007 ISBN: 978-1-602-052-2 [URL]http://www.booksforabuck.com/sfpages/sf_07/sword_dajjal.html[/URL][/SIZE]
    Out in print early 2008 from Blu Phi'er[URL="http://www.fictionwise.com/eBooks/eBook47261.htm?cached"][/URL]
    [B]Jars of Doom[/B] out mid 2008 from Blu Phi'er
    [URL]http://www.bluphier.com/[/URL]

  23. #23
    New Fish; Learning About Thick Skin AnnaC's Avatar
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    I've sent a message to Stephen King's assistant to let her know about this site. They've got dozens of his stories on there.

    Also, has anyone been to eBookstation? I am pretty sure JK Rowling didn't have her HP series in ebook format but this site has all of her works in eBook format to download for free. Is this site legal?

  24. #24
    Chryssie
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    I hadn't seen this article until imawriter on eSnips mentioned it: Tolkien Estate Obtains Supoena Against eSnips

    They're going after illegal file-sharing, and got $4000 in damages from one guy who repeatedly uploaded Tolkien's books.

  25. #25
    Grumpy writer and editor Absolute Sage Gillhoughly's Avatar
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    I got this reply from esnips concerning the twit who posted 4 of Rachel Caine's and 8 of Jim Butcher's novels:

    I THANKED him for the fast response--but note the use of "specific material."

    This tells me that they don't police themselves, it will be up to us to report each time some moron puts up a book that ain't theirs.

    We should bookmark the site and do a weekly sweep of our favorite writers until the morons learn better manners and the service enforces its own TOS without a nudge from an outsider.

    And spread the word in your own blogs that it IS illegal. Put in a link to that page where the guy was fined $4K for the illegal Tolkein posts.

    Hello,
    Access to the specific material has been disabled.
    Thank you for reporting the infringement.
    Regards,

    Yaron Alkolombre
    Copyright Service Representative
    Phone: +972-9-8653789
    Email: yaron@esnips.com
    www.esnips.com


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