unethical and illegal behavior on the part of some

[Willem Blees]

Israel

Thank you for a very comprehensive answer to what seemed like an easy question. 

To the rest of you. Let's not get bogged down with who said what, why and when. There is a basic premise here that needs to be discussed. I agree that perhaps Larry went overboard, but perhaps he was forced to display his hand by what some of us are doing with the information in his book.?But let's?not get nasty about it. We're all in this together. 


Willem (Wim) Blees, RPT
Piano Tuner/Technician
Honolulu, HI
Author of 
The Business of Piano Tuning
available from Potter Press
www.pianotuning.com


-----Original Message-----
From: Israel Stein <custos3 at comcast.net>
To: pianotech at ptg.org
Sent: Fri, 29 Feb 2008 11:54 am
Subject: Re: unethical and illegal behavior on the part of some 


At 12:13 PM 2/29/2008, pianotech-request at ptg.org wrote:?
>Dave?
>?
>I want to keep this confrontational.?
>?
>What is the legal definition of "copy the information?" Does sending >information (dates found in the PPA), over the Internet constitute >copying of information??
>?
>Israel, you seem to have a good handle about legal issues. Can you >answer this??
>?
>Wim?
?
WIm,?
?
I am not a lawyer, so I cannot really answer this question. All I can do is discuss the issues in the light of what I know and how it appears to me. And others may have different perspectives...?
?
We are living in an age when the technology (the Internet) has gotten ahead of the legal principles that govern intellectual property and need to catch up. Until then we have some injustices being perpetrated any way you look at it.?
?
First, posting information on the Internet - especially in a public forum - is not the same as telling it to someone on the phone or sending it to them in a private report or any other such interaction as might happen between a practitioner and a client. Posting in an Internet forum creates a permanent record in the archives, accessible to large numbers of people - and the information could conceivably be stored forever in any number of servers and computers as backups, archives, files, etc. This is "publication", not private communication... So if the information is in some way restricted or proprietary - then its posting does constitute a violation.?
?
Now, it seems that currently US law does not protect the sort of information found in the Pierce Piano Atlas - at least not under routine copyright protections (there may be a contractual basis for recourse - but that's more complicated). This is a result of a Supreme Court decision, which is at odds with most precedents and is completely out of whack with international treaties honored by the majority of other industrialized countries. There is legislation pending to bring US law in line with the rest of the developed world, but so far it has not been passed. As in the last major US Copyright law reform (in the 1970's), the US was forced to align its copyright laws with those of the rest of the world, and I suspect that it is only a matter of time before the same thing happens in this case, because it puts US compilers of databases at a competitive disadvantage vis-a-vis European firms which enjoy such protection.?
?
OK, let's look at how we use the information in Pierce. If we provide it to our clients as a service - well, that's how it is meant to be used. We bought the book in order to use it in our business - so that's what we are doing.?
?
What about providing the information to strangers over something like "The Experts' Forum"? Well, here it gets a bit more complicated. On the one hand we are publishing the information and creating a permanent record. On the other hand, the people who consult that forum are not likely buyers of Pierce Piano Atlas, so there is no real harm being done here. If that forum were not available, then they would look for some piano technician from whom to get the information, or look for some other source - but they would not go out and buy a Pierce, since their need for the information is one-time, with regard to a specific instrument.?
?
What about this forum here? Well, this is where professional piano technicians are asking for information to use in a profit-making activity. Instead of buying a Pierce, they simply ask one of us to look it up for them in a Pierce. This does harm the publisher in that they are using the fruit of his labors in their profit-making activity without paying for it - and, regardless of whether there is a legal stricture or not, it is real harm, especially if they make a habit of it.?
?
Now, let's look at the broader picture. As in all legal issues, there are two conflicting interests here. On the one side, there is a social interest in the free flow of information. On the other hand there are the interests of an entrepreneur who expended a large amount of effort in compiling data in an easily accessible form - they expect to be compensated for the labor involved by selling the product of the labor. This is how our free enterprise system works: the motivation for taking risks and investing time and effort in a speculative endeavor is wholly dependent on the possibility of a profit. Remove or reduce the possibility - and you remove the motivation for future speculative endeavors.?
?
Now, let's apply this to Pierce. Most of us have bought our Pierces, so we have no need to buy any more. But newbies in the profession, they are the potential market. If they get used to the idea that you don't need to buy the thing - just ask on the Pianotech list, and you'll get the answer. That cuts into sales. Significantly. Suppose that when the current printing runs out, Larry Ashley decides that his sales volume no longer justifies publication of another printing or the preparation of an updated edition? And it makes no difference how many times we "mention" his book on the list - if on the other hand we are making it unnecessary for anyone else to buy the book. Why buy the cow if you can get the milk for nothing??
?
Now, take it into the future. What about the pianos built after 1996? Is anybody going to be willing to compile the information about them into a directory for publication (or update Pierce) - knowing that we all insist on our right to publish the information away any way we wish in widely circulating electronic form? It isn't such an issue now - but those of you who are still in this business twenty years down the road, I hope you will enjoy trying to get the information from the manufacturers (at least those who still exist and whose language you speak) every time you want to find out a year of manufacture.?
?
As they say, there is no free lunch. You either pay now, or pay later.?
?
Israel Stein?
?
?
?
?

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