The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

The Worst Things For Sale is Drew's blog. It updates every day. Subscribe to the Worst Things For Sale RSS!

Posted by Victoria Strauss for Writer Beware®

Two issues involving Audible's ACX have come across my desk recently.

Rights Fraud

I've heard from several self- and small press-pubbed authors who report that they've found their books listed on ACX as open to narrator auditions...except that they, or their publishers, didn't put them there. This appears to be an attempt to steal authors' audio rights.

Below is one listing. Here's another and another and another. (All of these listings have been invalidated by ACX.)


See "Comments from the Rights Holder" at the bottom. The purported company, Publishing D LLC, does not show up on any searches.

The fraud seems pretty elaborate. Here's what one of the authors who contacted me told me:


These comments from a freelance audiobook narrator illustrate that "Publishing D" is not an isolated incidence.

Promotional Code Shenanigans

Multiple authors have contacted me to report that they've received an email from ACX withdrawing their promotional codes. The cited reason: "unusual activity," with no explanation of what that means.

The authors say that they have not used the codes improperly or violated ACX guidelines; in some cases, they've used the codes only a handful of times or not at all. See, for instance, blog posts by authors G. Michael Vasey and Adam Piggott. Per discussions on the KBoards and Reddit, a lot of authors seem to be affected.

Is this one of Amazon's (Audible's parent company) periodic crackdowns on misuse or fraud that has inadvertently ensnared innocent authors? According to author and self-publishing expert David Gaughran, ACX promo code scamming is a major problem, and Amazon's anti-abuse sweeps often involve a lot of collateral damage. Or could it be an error--a glitch or rogue algorithm?

So far, authors' efforts to get a fuller explanation have run up against the black box that is Amazon:


If I hear anything further, I'll update this post.

UPDATE 11/27/19: One of the authors who alerted me to the promo code withdrawal has received a notice saying that their codes are reinstated--however, they say that the promo code tab has yet to appear in their dashboard.


UPDATE 2/25/29: More about ACX scams, from a comment left by a narrator:

About the ACX thing...I was contacted by ACX to narrate three books, however, the person who offered the contracts kept emailing and frantically telling me to send them my book codes. I got leary and called ACX. They said unfortunately there are many scams taking place where if a book is "unclaimed" in their system, someone may grab it and offer it as an audiobook contract. Then they keep the codes and blackmarket sell them. They do not pay the narrators. Many other authors are experiencing it, they said, but they have no way to regulate it.

I declined the offers and got a nasty note from the contract holder. I was also told that since I corresponded with them, they had my email that is associated with Amazon..the same one. So, ACX said I had to go change my email on Amazon or they would have access there too. Geez.

Posted by Victoria Strauss for Writer Beware®

The enormous digital archive that is the Internet Archive encompasses many different initiatives and projects. One of these is the Open Library Project, a huge repository of scanned print books available for borrowing in various digital formats.

Unlike a regular library, the IA does not purchase these books, but relies on donations to build the collection. Nor are permissions sought from copyright holders before creating the new digital editions. And although the IA claims that the project includes primarily 20th century books that are no longer widely available either physically or digitally, the collection in fact includes large numbers of 21st century books that are in-copyright and commercially available--and whose sales the Open Library's unpermissioned versions have the potential to harm.

Most professional writers' groups consider the Open Library to be not library lending, but massive copyright violation. Many have issued alerts and warnings (you can see SFWA's alert here), and many authors have contacted the IA with takedown requests (to which the IA was not always terrific at responding; you can see my account of my own frustrating experience here).

In the fall of 2018, a novel (and disputed) legal theory was created to justify the Open Library and similar initiatives, called Controlled Digital Lending (CDL). CDL's adherents present it as "a good faith interpretation of US copyright law for American libraries" seeking to conduct mass digitization projects, and invoke as support the "exhaustion" principle of the first sale doctrine (the idea that an authorized transfer of a copyrighted work "exhausts" a copyright holder's ability to subsequently control the use and distribution of  that copy; this is what allows used book sales, for example) and the fair use doctrine (a complex principle that permits the copying of a copyrighted work as long as the copying is limited and transformative). As long as the library restricts its lending in ways similar to restrictions on the lending of physical books (for instance, allowing only one user at a time to access each digital format), CDL holds that creating new digital editions of in-copyright books and lending them out is fair use, and copyright holders' permission isn't necessary.

Libraries in particular have embraced CDL. Publishers' and writers' groups...not so much, especially in light of a recent legal decision that rejected both the first sale doctrine and fair use as basis for re-selling digital content. Here's the Authors Guild:

CDL relies on an incorrect interpretation of copyright’s “fair use” doctrine to give legal cover to Open Library and potentially other CDL users’ outright piracy—scanning books without permission and lending those copies via the internet. By restricting access to one user at a time for each copy that the library owns, the proponents analogize scanning and creating digital copies to physically lending a legally purchased book. Although it sounds like an appealing argument, the CDL concept is based on a faulty legal argument that has already been rejected by the U.S. courts.

In Capitol Records v. ReDigi, the Second Circuit held that reselling a digital file without the copyright holder’s permission is not fair use because the resales competed with the legitimate copyright holder’s sales. It found that market harm was likely because the lower-priced resales were sold to the same customers who would have otherwise purchased new licenses. In this regard, the court emphasized a crucial distinction between resales of physical media and resales of digital content, noting that unlike physical copies, digital content does not deteriorate from use and thus directly substitutes new licensed digital copies.

The same rationale applies to the unauthorized resale or lending of ebooks. Allowing libraries to digitize and circulate copies made from physical books in their collection without authorization, when the same books are available or potentially available on the market, directly competes with the market for legitimate ebook licenses, ultimately usurping a valuable piece of the market from authors and copyright holders.

For a more detailed deconstruction of CDL's arguments, see this statement from the Association of American Publishers.

Flash forward to 2020, and the coronavirus pandemic crisis. Last week, the IA announced the debut of the National Emergency Library--really just the Open Library, but with some new provisions.

To address our unprecedented global and immediate need for access to reading and research materials, as of today, March 24, 2020, the Internet Archive will suspend waitlists for the 1.4 million (and growing) books in our lending library by creating a National Emergency Library to serve the nation’s displaced learners. This suspension will run through June 30, 2020, or the end of the US national emergency, whichever is later.

During the waitlist suspension, users will be able to borrow books from the National Emergency Library without joining a waitlist, ensuring that students will have access to assigned readings and library materials that the Internet Archive has digitized for the remainder of the US academic calendar, and that people who cannot physically access their local libraries because of closure or self-quarantine can continue to read and thrive during this time of crisis, keeping themselves and others safe.

What this boils down to, under all the high-flying verbiage: the IA is ditching the one-user-at-a-time restriction that is one of the key justifications for the theory of controlled digital lending, and allowing unlimited numbers of users to access any digitized book in its collection.

The Authors Guild again, on how this harms authors:

IA is using a global crisis to advance a copyright ideology that violates current federal law and hurts most authors. It has misrepresented the nature and legality of the project through a deceptive publicity campaign. Despite giving off the impression that it is expanding access to older and public domain books, a large proportion of the books on Open Library are in fact recent in-copyright books that publishers and authors rely on for critical revenue. Acting as a piracy site—of which there already are too many—the Internet Archive tramples on authors’ rights by giving away their books to the world.

Here's just one concrete example. Katherine Harbour's Nettle King is available for borrowing in the National Emergency Library as a scan, an EPUB, and a PDF (the IA's EPUB versions are OCR conversions full of errors). Published in 2016, it's also "in print" and available on Amazon and other online retailers as an ebook, in addition to other formats. The IA, which never bought a digital license to Ms. Harbour's book and scanned and uploaded it without permission, now is proposing to allow unlimited numbers of users to access it, potentially impacting her sales. How is this any different from a pirate site?

Announcement of the National Emergency Library has been greeted rapturously by the press and by libraries. Less regarded has been the flood of protest and criticism from authors and professional groups. In situations like these, authors and publishers tend to be dismissed as greedy money-grubbers who are putting profits ahead of the march of progress and the noble dream of universal access to content...despite the fact that authors' right to make money from their work--and, just as important, to control the use of it--springs directly from the US Constitution, and has been enshrined in law since 1790.

In response to the outcry over the National Emergency Library, the IA has issued a justification of it, citing the "tremendous and historic outage" of COVID-19-related library closures, with "books that tax-paying citizens have paid to access...sitting on shelves in closed libraries, inaccessible to them." This noble-sounding purpose conveniently ignores the fact that those libraries' (legally-acquired and paid-for) digital collections are still fully available.

If your book is included in the National Emergency Library, and you don't want it there, the IA will graciously allow you to opt out (another inversion of copyright, which is an opt-in system).


Hopefully they'll be more responsive than they were in 2018, when I sent them DMCA notices that they ignored. Or later, when they began rejecting writers' takedown requests by claiming that the IA "operates consistently with the Controlled Digital Lending protocol.”


I've covered this question above, but I want to highlight it again, because it's such a persistent objection when this kind of infringement occurs: Brick-and-mortar libraries lend out books for free, so how are the IA's "library" projects any different?

A few reasons.

- Brick-and-mortar libraries buy the books they lend, a separate purchase for each format (hardcover, paperback, ebook, audiobook, etc.). The author gets a royalty on these purchases. The IA seeks donations, and lends those. Authors get nothing.

- Brick-and-mortar libraries lend only the books they purchase. They don't use those books to create new or additional, un-permissioned lending formats. That's exactly what the IA does. Moreover, one of its additional lending formats is riddled with OCR errors that make them a chore to read. Apart from permission issues, this is not how authors want their books to be represented to the public.

- People who advocate for looser copyright laws often paint copyright defenders as greedy or mercenary, as if defending copyright were only about money. It's worth remembering another important principle of copyright: control. Copyright gives authors not just the right to profit from their intellectual property, but to control its use. That, as much as or even more than money, is the principle the IA is violating with its library projects.

UPDATE: It appears that the IA--on its own initiative--is removing not just illegally-created digital editions in response to authors' takedown requests, but legally-created DAISY editions as well, even where authors don't ask for this (DAISY is a format for the visually impaired, and like Braille, is an exception in copyright law and is also permissioned in publishing contracts).


It did the same thing in 2018, even where the takedown requests specifically exempted DAISY editions. I don't know if the current removals reflect expediency or possibly are just a kind of FU to writers (and, indirectly, to disabled readers), but if you send a removal request to the IA, you might consider specifically asking them not to remove any editions for the blind and disabled (which, again, are legal for the IA to distribute).

UPDATE 4/2/20: The Authors Guild has issued a statement encouraging writers to demand that the Internet Archive remove their books from its National Emergency Library. The statement includes instructions on what to do, along with a sample DMCA notice in the proper legal form.

UPDATE 4/8/20: SFWA has issued a statement on the National Emergency Library, describing the legal theory of Controlled Digital Lending as "unproven and dubious". (A link to SFWA's DMCA notice generator is included.)

[U]sing the Coronavirus pandemic as an excuse, the Archive has created the “National Emergency Library” and removed virtually all controls from the digital copies so that they can be viewed and downloaded by an infinite number of readers. The uncontrolled distribution of copyrighted material is an additional blow to authors who are already facing long-term disruption of their income because of the pandemic. Uncontrolled Digital Lending lacks any legal argument or justification.

UPDATE 4/9/20: The Chairman of the US Senate Subcommittee on Intellectual Property, Thom Tillis, has sent a letter to the Internet Archive, pointing out the many voluntary initiatives by authors, publishers, and libraries to expand access to copyrighted materials, and expressing concern that this be done within the law. 

I am not aware of any measure under copyright law that permits a user of copyrighted works to unilaterally create an emergency copyright act. Indeed, I am deeply concerned that your "Library" is operating outside the boundaries of the copyright law that Congress has enacted and alone has the jurisdiction to amend.

The letter ends by punting "discussion" until "some point when the global pandemic is behind us." So, basically, carry on and maybe at some point we'll talk.

UPDATE 4/15/20: Internet Archive founder Brewster Kahle has responded to Sen. Tillis's letter, claiming that the National Library is needed because "the entire physical library system is offline and unavailable" (even though libaries' legally acquired digital collections are still fully available) and that "the fair use doctrine, codified in the Copyright Act, provides flexibility to libraries and others to adjust to changing circumstances" (there's no such language in the actual Fair Use statute).

Kahle also notes:

In an early analysis of the use we are seeing what we expected: 90% of the books borrowed were published more than ten years ago, two-thirds were published during the twentieth century. The number of books being checked out and read is comparable to that of a town of about 30,000 people. Further, about 90% of people borrowing the book only looked at it for 30 minutes. These usage patterns suggest that perhaps that patrons may be using the checked-out book for fact checking or research, but we suspect a large number of people are browsing the book in a way similar to browsing library shelves.

But this is hardly a compelling argument. Large numbers of these books are certainly still in copyright, and many are likely still "in print" and commercially available (in digital form as well as hardcopy). Just because a book was published more than ten years ago or prior to 2000 doesn't magically cause it to become so hard to find it must be digitized without permission in order to save it. "But they're older books" sidesteps, rather than addresses, the thorny copyright issues raised by the IA's unpermissioned scanning and digitizing.

This passage also tacitly confirms the IA's abandonment of the one-user-at-a-time restriction that is a key feature of the rationale for the Controlled Digital Lending theory. If the basis for your enterprise is a legal theory whose strictures can be jettisoned at will, how credible is that theory really?

Kahle also claims that "No books published in the last five years are in the National Emergency Library". As it happens, the example I provide above (Katherine Harbour's Nettle King) handily disproves this statement: it was published in 2016, and was digitized by the IA in 2018 (you can see the scan here). I seriously doubt it's the only instance. Either Kahle is being disingenuous, or he doesn't know his own collection.

As a sop to creators, Kahle reiterates that concerned authors "need only to send us an email" and their books will be removed. As I've pointed out above, this is yet another inversion of copyright law, which explicitly gives creators control over the use of their work. In other words, it's the IA, not authors, who should be the petitioners here.

UPDATE 4/16/20: This terrific, comprehensive article from the NWU's Edward Hasbrouck examines the multiple ways the Internet Archive is distributing the page images from its unpermissioned scanning of print books--"[o]nly one of [which] fits the Internet Archive’s and its supporters’ description of so-called Controlled Digital Lending (CDL)."

Theophilus London “Marchin'” Theophilus London’s new record is filled with impressive guest spots – two tracks with Tame Impala, features from Raekwon, Dev Hynes, Lil Yachty, and Ariel Pink – and on each of those collaborations the singer adopts their distinctive aesthetics and essentially sounds like he’s the guest. “Marchin’,” one of the few songs […]

Cleo Sol “When I’m In Your Arms” Cleo Sol made her new record with the producer Inflo, who also produced the two Sault albums from last year. There’s a very similar aesthetic to this music – classic soul rendered with warm, foregrounded bass and ample negative space that highlights the precision of all other instruments […]

Knxwledge “amansloveislife_keepon” Knxwledge has an incredible ear for small moments in songs that can stand up to repetition, and take on a very different character when shaped into an indefinite loop. This cut is essentially a remix of the Patrice Rushen song “Remind Me” that zeroes in on its core keyboard riff and jettisons its […]

Last month, Senator Bernie Sanders spoke in a notably all-white panel at a Sanders Institute conference, and reiterated a frequent talking point of his, as well as many in his sect of often white, male progressive thinkers who reject what they call “identity politics” and “social issues.” According to Sanders, the experiences of rural Trump […]

Walking down the hallway at school, an administrator stopped me in my tracks. I felt her eyes glare from the top of my head, past my torso and down my legs. She told me that my shorts were too short and that she didn’t want to see me wearing them ever again. I felt embarrassed […]

As we watch right-wing agitators, Fascists, media personalities, and the impeached president howl about ending Stay at Home before the public health experts say we should, remember that, as a […]

It's true.

I was so mad at myself and also pleased with myself when I came up with that song concept

ugggh

Yaaay

Hi Melon

much love for y'all

"Mad Mike" Hughes, a self-styled explorer and daredevil bent on proving that the earth is flat was killed over the weekend when his homemade rocket crashed in the California desert over the weekend.

Air travelers cannot receive cash compensation if their flight is delayed by a passenger biting others and assaulting crew members, an adviser at the Court of Justice of the European Union said on Thursday.

The growls from the caged hyena reverberate through the room as Mohamed Sheikh Yakub slumps silently in a chair nearby, hoping the animal will frighten away the evil spirits he says have troubled him since his divorce.

Worried about whether you have enough toilet paper for the coronavirus lockdown? A German website can tell you how long your supply will last.

A trooper stopping a car with a suspected "impaired driver" on a U.S. highway on Monday was bemused to find a 5-year-old in the driver's seat, the Utah Highway Patrol tweeted.

Pagan healthcare providers discuss how they are coping with the stresses of the pandemic and how the power of their spiritual practices sustains them.

Continue reading Healthcare providers share how their Pagan practices nurture them through the pandemic at The Wild Hunt.

A sinkhole that has opened up near the Pantheon offers a chance for researchers to examine travertine slabs that date back to Roman antiquity.

Continue reading Sinkhole near the Pantheon shines a light on ancient slabs at The Wild Hunt.

Second member of banned folk group dies in country where few political protest options remain

İbrahim Gökçek died at an Istanbul hospital after almost a year on hunger strike protesting against the detention of his wife, Sultan. She was still in prison, rather than at his side, when he died in intensive care on Thursday, two days after abandoning his strike.

Gökçek, a bass guitarist, is the second member of the banned left-wing folk music band Grup Yorum to die in just over a month after launching hunger strikes over the Turkish state’s treatment of their band: 28-year-old Helin Bölek, a singer, died on 3 April after 288 days of fasting.

Continue reading...

We can lend a shaky hand to the struggling salon sector as we file and paint during lockdown

Sales of nail polish are up 24% since lockdown began, mostly because no one can visit salons for the long-lasting UV-cured lacquers that dominate the modern industry but also, I’m convinced, because we suddenly have way more time and inclination to bother.

It may be one minuscule piece of good fortune in this crisis, but we can also lend a shaky hand to the struggling salon sector as we file and paint.

Continue reading...

A weekday lunch of braised chickpeas, a savoury brunch porridge and a grown-up take on rice pudding

The world has seen more than its fair share of closed doors lately – shops, restaurants, the barber, your neighbours’ – but that has, in turn, led to the opening of some others.

And if there is one door that has swung wide open in recent weeks, it’s the one that leads into the kitchen. From the keenest of cooks to the humblest of beginners, the kitchen has provided us all with the one thing we’ve been missing the most: freedom.

Continue reading...

American Revolution 2.0, which presents itself as bipartisan, has been assisted by far-right individuals – some with extremist links

Leaked audio recordings and online materials obtained by the Guardian reveal that one of the most prominent anti-lockdown protest groups, American Revolution 2.0 (AR2), has received extensive assistance from well-established far-right actors, some with extremist connections.

Related: Armed protesters demonstrate against Covid-19 lockdown at Michigan capitol

Continue reading...

The story of global conflict is all the more powerful when it isn’t seen in black and white. Artist Marina Amaral explains her latest work

On a stretcher lies a patient; his ashen face protrudes from under a green blanket, eyes closed. Two uniformed women carry the stretcher, wearing face masks. It looks as if it’s a lovely day: the sun is shining, the shadows dark, the sky blue. But this is not a happy picture. Is the casualty even alive, or has he already been taken by the killer virus that has wrapped itself around our planet like a python, squeezing the life from it?

The photograph was taken at an ambulance station in Washington DC. Within the past couple of months? It could have been, if it weren’t for the uniforms (I don’t think today’s nurses wear lace-up leather boots) and the stretcher. In fact, it was taken more than a century ago, in 1918, during the Spanish flu epidemic, which killed so many millions. The photographer is unknown, forgotten. But the black and white picture was recently “colourised” by Marina Amaral.

Continue reading...

Islanders are coming to terms with unexpected publicity from the contact-tracing pilot project

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Last Sunday, we woke to the news that the Isle of Wight really had been chosen as the pilot location for the NHS coronavirus contact-tracing app, the idea having been floated by the leader of the council at the start of the previous week.

Thus a manic week began here at News OnTheWight, where we’ve been pumping out stories as usual, taking part in national media briefings, delving into details of the app and exploring privacy issues while dealing with queries from media outlets from around the world. All sorts of organisations started pushing press releases supporting the app – the most unexpected being the Church of England.

When Matt Hancock, the health secretary, announced at last Monday’s press conference, “Where the Isle of Wight goes, Britain follows”, there was a collective spitting out of tea on the island and beyond. Of course there were the predictable jibes – “How do I install the app on my fax machine?” was one of the best we heard, and once again, creativity was ignited with memes and T-shirts.

With such attention, locally it felt like little else but the app was discussed.

How has the app gone down? Lots of people seem to be jumping on board, claiming any perceived privacy downsides as a small price to pay. Others, with earlier smartphones, were excluded. Older residents overheard in the post office said they really wanted to use the app but their steam-powered mobile phones weren’t capable.

Continue reading...

• GoFundMe page for Navajo and Hopi aid lists many Irish names
• Choctaw Nation sent donation in 1847 for potato famine victims

The list of recent donors reads like an Irish phone book. Aisling Ní Chuimín, Shane Ó Leary, Sean Gibbons, Kevin Boyle, Kevin Keane, Clare Quinn, Eamonn McDonald, on and on down a GoFundMe page that by Friday had raised $3.15m of a $5m goal.

The individual amounts are not remarkable – $10, $20, $30, some exceeding $100 – but the story behind the donations stretches back two centuries and encompasses a singular act of generosity that forged a bond between Native Americans and Ireland, a bond now renewed in the coronavirus era.

Continue reading...

Once a week, we will be featuring an extraordinary animal account on Instagram! Their story, the adorable pictures, and pawesome videos! This week's spotlight goes to wild cat Fiona! 

Fiona is insta-famous with a following of over 100k and we have a suspicion it has something to do with those stunning emerald eyes of hers! Seriously, every single picture of this cat is the most beautiful picture, it was terribly difficult to sum up their beauty into a short list. 

Fiona isn't just a pretty face, she is a registered emotional support animal who has taken to Instagram to emotionally support the internet! Fiona's owners have created this beautiful idea called "Eterneva." Eterneva is a site in which you can turn your beloved pets ashes into diamonds that you can carry with you everywhere and every day. 

Pretty beautiful idea! Now, prepare to be mesmerized by Fiona's eyes! 

We could all use a daily dose of uplifting these days. And when we think of the word "uplifting," many things come to mind such as; cats, cats, cats, and more cats. 

But if we places that aside we also think of @TheLatestKate, the Instagram Queen of positivity through beautiful animal illustrations. 

If you're in need of a pick-me-up, take a moment and read through these lovely inspirational messages. And if you need even more, you can also follow @TheLatestKate on Instagram for daily motivation. 

It is hard to remember that a lot of high tech research went on well before the arrival of electronic computers, lasers, and all the other things that used to be amazing but are now commonplace. That’s why we enjoyed [Michel van Biezen’s] two part post on how Michelson computed …read more

DLC character debuts for game on May 13

Story of minor noble's talentless son with access to secret training dungeon

The post Vintage straight. appeared first on Indexed.

We love a good neighbor revenge story. People can turn real petty on their neighbors, and sometimes that pettiness is addressed with a calculated, borderline genius, pro revenge. In this case, the dude had had enough of his neighbors' rampant pettiness, and how they'd park in his spots. So, he towed in a whole lot of "redneck hardware" and parked it out front of their place, when the moment presented itself. Just imagining what those two weeks must've been like for those neighbors; oh boy. 

Get some more neighbor revenge goodness over here with this entitled neighbor who tasted his own medicine.