PDA

View Full Version : [File sharing] eSnips



Stacia Kane
02-27-2007, 06:50 PM
(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.

Stacia Kane
02-27-2007, 08:25 PM
More on this:

http://weblog.ipcentral.info/archives/2007/02/the_growing_thr_1.html#more

Susan Gable
02-27-2007, 09:11 PM
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.

Susan G.

victoriastrauss
02-27-2007, 09:14 PM
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

Stacia Kane
02-27-2007, 09:16 PM
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?)

Popeyesays
02-27-2007, 09:46 PM
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.

ChunkyC
02-27-2007, 09:48 PM
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.

veinglory
02-27-2007, 09:50 PM
I think the suggestion of contacting the webhost is likely to have the quickest effect.

ChunkyC
02-27-2007, 09:56 PM
This is in their terms of use (http://www.esnips.com/statments/terms.jsp):

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.

Popeyesays
02-27-2007, 09:58 PM
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.

JulesJones
02-27-2007, 10:12 PM
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.

Susan Gable
02-27-2007, 10:36 PM
This is in their terms of use (http://www.esnips.com/statments/terms.jsp):

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.

Susan G.

ChunkyC
02-27-2007, 10:39 PM
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.

Pagey's_Girl
02-27-2007, 11:04 PM
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.

JerseyGirl1962
02-28-2007, 12:16 AM
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

icerose
02-28-2007, 02:26 AM
Update on the number of books on there, nearly 5000 so far.

Chryssie
02-28-2007, 03:41 AM
There was a link on eSnips that goes to a forum especially for sharing romance books. I'll start a new thread on it.

Richard White
02-28-2007, 04:05 AM
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.

ChunkyC
02-28-2007, 04:31 AM
I am so proud to know you good people. :)

HapiSofi
02-28-2007, 08:20 AM
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.

Chryssie
02-28-2007, 11:20 PM
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. :)

Popeyesays
02-28-2007, 11:26 PM
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.

AnnaC
03-01-2007, 12:39 AM
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?

Chryssie
03-01-2007, 05:27 PM
I hadn't seen this article until imawriter on eSnips mentioned it: Tolkien Estate Obtains Supoena Against eSnips (http://www.marketwire.com/mw/release_html_b1?release_id=218636)

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

Gillhoughly
03-01-2007, 10:45 PM
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 (yaron@esnips.com)
www.esnips.com (http://www.esnips.com)

ChunkyC
03-01-2007, 11:03 PM
Gil, thanks for that bit about thanking them. They will be far more amenable if all contact with them is professional and courteous.

Gillhoughly
03-02-2007, 12:02 AM
Aw, shucks.

Good manners are inexpensive yet priceless.

*Took me awhile to figure that out.* http://www.absolutewrite.com/forums/images/icons/icon10.gif

Popeyesays
03-27-2007, 12:24 AM
They are at it again:
Steven King
http://www.esnips.com/doc/705955fc-799b-4d6a-b450-e0a84081bc58/Stephen_King_-_Cell__v2.0_

http://www.esnips.com/doc/08a5f376-284d-4c29-ae9d-c39b894c56e5/Eyes-of-the-Dragon

The Tolkein Estate:
http://www.esnips.com/doc/0ceff36b-e3f4-44b3-9175-bc77c5c3525f/Hobbit

http://www.esnips.com/doc/4d1aec2e-2373-4601-beef-389a56a6c70d/The_Return_of_The_King

http://www.esnips.com/doc/b7c45f4f-c014-4049-8d68-74d327c6f18c/The_Two_Towers

http://www.esnips.com/doc/c4fde911-ded5-45fc-ae75-07f83038e2ff/The-Fellowship-of-The-Ring

John Grisham ALL 15 Novels!:
http://www.esnips.com/doc/89053220-fcb3-4109-bf35-53dd299b1e24/grisham-15-novels

Roger Zelazny:
http://www.esnips.com/doc/04a9ae54-d2d9-4649-9f24-702f310134a7/RZ.BloodofAmber

J. K. Rowland:
http://www.esnips.com/doc/b5a3b8f7-e386-4e47-a693-eb3be3ad3228/Harry-Potter-and-the-Half-Blood-Prince-2005-Full-Release

--------------
Nicholas Sparks
http://www.esnips.com/doc/009b124d-6c5b-49e5-b280-ed4dce4d92e3/Message-in-a-bottle

http://www.esnips.com/doc/5b8308c3-1e87-466f-b459-059423842d16/Nicholas-Sparks---A-Bend-In-The-Road

http://www.esnips.com/doc/da2f1720-2be4-41de-a4f0-ce65c5ff8ffd/Nicholas-Sparks---The-Notebook

http://www.esnips.com/doc/fceb2469-d877-4932-8633-2065dcd108b5/Nicholas-Sparks---The-Wedding

Laura K. Hamilton:
http://www.esnips.com/doc/6f0d0168-22b2-4148-86dd-3514683efa2b/Danse-Macabre

Tip of the iceberg, guys.

Regards,
Scott

Gillhoughly
03-27-2007, 05:56 AM
Did you notify the host about all those titles?

When I pointed out the copyright infringment they took everything down pretty quick.

Popeyesays
03-27-2007, 06:02 AM
Did you notify the host about all those titles?

When I pointed out the copyright infringment they took everything down pretty quick.


Am I allowed to claim infringement for others? Honestly, I do not know.

Regards,
Scott

Stacia Kane
03-27-2007, 09:36 AM
Am I allowed to claim infringement for others? Honestly, I do not know.

Regards,
Scott

Just click the "Report abuse" button and tell esnips the user in question is violating copyright.

And email the authors in question if you can.

Gillhoughly
03-27-2007, 04:48 PM
Am I allowed to claim infringement for others? Honestly, I do not know.

Absolutely yes!

I've done it for others, even writers whose work I don't like. Those jerks posting stuff are stealing, and I simply cannot abide a thief.

I know how much I would appreciate it if someone happened to spot this sort of thing on my stuff and worked to set things right!

It's like phoning the cops when you see a housebreaker walking out with your neighbor's laptop. Next time around it could be your laptop!

http://www.absolutewrite.com/forums/images/icons/icon14.gif

Tsu Dho Nimh
03-27-2007, 06:48 PM
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?)

NO - the site is NOT responsible for what users upload. However, they do have the responsibility to take infringing material down when notified.

Just keep trolling the site and hammering them with takedown notices.

CaoPaux
08-26-2014, 10:49 PM
Gone mid-'13. Scraps of mirror sites remain (example (http://www.esnips.org.in/)) but no file access.