August 25, 2004

The Kerry Legal Question

A number of people have linked to this post where the interested can download the introduction, the text and the Epilougue of John Kerry's book The New Soldier. Kevin at Wizbang has mirrored the files as well.

A number of the links I have followed contained comments to the effect they wanted to get the files and spread them before I was forced to take them down. In truth, this is not something I am particularly worried about. I will tell you why after I clarify one other aspect that is somewhat related. For the record, I did not personally create the PDFs of The New Soldier. I purchased them. I chose to make my copies available to my readers for free. I also chose not to reveal any details of where I purchased them. Selling someone else's copyrighted work is a slightly more serious matter than sharing a copy. And I think the seller could face possible legal consequences that I would not.

While I am freely distributing a work to which Kerry holds a copyright, I am neither benefitting financially, nor am I causing him financial harm. The book is not being sold at retail, Kerry has seen to that, so the copies I am giving away are not depriving him of royalties. The only harm Kerry could claim is that by distributing the text of his book, I am negatively impacting his chances of wining the presidential election. I somehow suspect that is an argument they don't want to make.

UPDATE: Any doubt I had about posting the PDFs has been removed.

Posted by: Stephen Macklin at 03:33 PM | Comments (5) | Add Comment


1 Think what you want, but I had a friend indicted by the feds for knowingly distributing copyrighted content on his server even though he did not provide the content. I guess you'll be safe given the person currently running the DoJ.

Posted by: Withheld at August 25, 2004 10:49 PM (81efT)

2 I also wanted to point out that although the book is out of print, you could be seen as hurting potential future sales based on the fact that that the work could go back into print, however unlikely that is. Even if Kerry is unlikely to allow that, the publisher could choose to sue you all on their own.

Also, you could possible by sued by the publishers of "A Call to Service: My Vision for a Better America" because they could make the argument that by releasing an earlier Kerry book, you are hurting demand for his current book.

Have fun with the lawyers. I'm suprised you haven't gotten a "cease and desist" letter already.

Posted by: Withheld at August 25, 2004 10:57 PM (81efT)

3 Hey, you're listed as "less-freepish". You really have to work harder at that.

Posted by: Ted at August 27, 2004 03:49 AM (blNMI)

4 Ted,

I don't let that bother me too much. Consider the source. There's obviously a distinct lack of political character judgment!

Posted by: Stephen Macklin at August 27, 2004 03:56 AM (U3CvV)

5 Thank You, tou have done everyone a valuable service, I guess the old saying "the truth hurts" is true. Hanoi John has done everything in his power to cover his sorry past and embellish his career as an upstanding American. What's worse are those that aided him in his coverup.

Posted by: Jack at August 28, 2004 06:48 PM (+flIm)

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