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Editing for authors: because every writer needs a good editor.

Stacia Kane

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(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.
 

Susan Gable

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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.

Susan G.
 

victoriastrauss

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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
 

Stacia Kane

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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?)
 

Popeyesays

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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

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.
 
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ChunkyC

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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.
 

veinglory

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I think the suggestion of contacting the webhost is likely to have the quickest effect.
 

ChunkyC

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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.
 

Popeyesays

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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: [email protected]

Let's FLOOD FLOOD his e-mail and fax shall we--anybody who finds their stuff up there unauthorized.
 

JulesJones

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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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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.

Susan G.
 

ChunkyC

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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.
 
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Pagey's_Girl

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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?)

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

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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
 
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Chryssie

There was a link on eSnips that goes to a forum especially for sharing romance books. I'll start a new thread on it.
 

HapiSofi

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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.
 

Chryssie

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

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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.
 

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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?
 

Gillhoughly

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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: [email protected]
www.esnips.com

 

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