# Digit Mag n Fast track PDF



## ankushkool (Jun 18, 2008)

As digit is givin it 4 free on their DVD is it  possible 4 someone 2 upload de PDF's.

Thanks


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## NucleusKore (Jun 18, 2008)

I do not think it would be legal without their permission.


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## ankushkool (Jun 19, 2008)




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## hansraj (Jun 19, 2008)

technically speaking if the owner has paid for the digit dvd and then if the owner then; wants to give it to someone else for the use of study or research, its not illegal.


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## New (Jun 19, 2008)

Why don't you purchase  Digit?


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## keves2002 (Jun 19, 2008)

ankushkool said:


> As digit is givin it 4 free on their DVD is it possible 4 someone 2 upload de PDF's.
> 
> Thanks


 
 I dont think digit is giving that PDF's Free ,  It cost me Rs 430/- to have all those PDF's,As i brought it from here in Dubai, 

 1 Dhs = almost 12 Rs


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## ankushkool (Jun 19, 2008)

it was not... but it is now... i think. i hav quite a bad experience with digit Dvds. this month my friend bought de anniversary edition n de dvd with de pdf's is not workin 

so can anyone help!!!


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## victor_rambo (Jun 19, 2008)

No, you can't redistribute Fastracks or Mag PDF's online.

Going *very strictly* by the law, you cannot even print the PDFs on paper, photocopy them or give them to your freinds. But no publisher really bothers about it because they know that you are doing it for personal use.

However, if you make 10 xerox copies and re-distribute them among ur friends, then you are at fault.

@hansraj,


> technically speaking if the owner has paid for the digit dvd and then if the owner then; wants to give it to someone else for the use of study or research, its not illegal.


The copyright laws will pwn your technicals. Though you are correct in the part that copyright provisions are relaxed for education/study/research, they, by no means, allow anybody to procure an illegal copy of the copyrighted Work.


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## ankushkool (Jun 20, 2008)

^^Thanks 4 de info


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## apoorva84 (Jun 21, 2008)

buy the December issue every year...you will get all the pdfs...u will get the link to download if you search in torrent sites..but i doubt if there will be enough seeders..


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## hansraj (Jun 22, 2008)

rohan_shenoy said:


> The copyright laws will pwn your technicals. Though you are correct in the part that copyright provisions are relaxed for education/study/research, they, by no means, allow anybody to procure an illegal copy of the copyrighted Work.





> 52. Certain acts not to be infringement of copyright. -(1) The following acts shall not constitute
> an infringement of copyright, namely:
> (a) a fair dealing with a literary, dramatic, musical or artistic work [not being a computer programme] for the purposes of-
> (i) private use, including research;
> ...




@ rohan_shenoy
The above is the section 52 of Indian Copyright Act 1957; which in para 52(b)(i) brings out the fact. Fast track or the Digit magazine can be considered a literary work of non fiction(current event) and thus distributing the copy (which has been made orignally by Digit itself) cannot be considered an act of infringement of ICA as long as one is not distributing it for comercial interest(this will make it a "fair dealing".)

Also to an extent 52(a)(ad) can come to one's support for sharing with the friends.


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## ankushkool (Jun 22, 2008)

now thanks a lot 4 that hansraj.

so what now is it legal???

i wud buy de mag but de DVD never works properly


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## victor_rambo (Jun 22, 2008)

@hansraj

Can you prove enough that its is legal to publicly distribute the PDFs to unknown people on the net? Also the section does not provide any information about whether the copies can be obtained illegally for 'fair-use'.


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## FilledVoid (Jun 22, 2008)

> so what now is it legal???



No, it wouldn't be legal unless expressed  so by the company who published it. 



> hich in para 52(b)(i) brings out the fact. Fast track or the Digit magazine can be considered a literary work of non fiction(current event) and thus distributing the copy (which has been made orignally by Digit itself) cannot be considered an act of infringement of ICA as long as one is not distributing it for comercial interest(this will make it a "fair dealing".)



Digit in no manner comes under "a fair dealing with a literary, dramatic, musical or artistic work."



> The publication of a compilation of addresses or speeches delivered in public is not a fair dealing of such work within the meaning of this clause



Did you copy a different exception and paste it in as an explanation to the above?



> Also to an extent 52(a)(ad) can come to one's support for sharing with the friends.


Again read the first line which is "a fair dealing with a literary, dramatic, musical or artistic work [not being a computer programme] for the purposes of-"

Furthermore not to mention that, a Copyright is deemed to be infringed when any person, without a license granted by the owner of a work or the Registrar of Copyrights commits any act

In other words when you distribute either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright. So if I wanted to I could argue that you are ruining their sales by distributing copies of the magazines which you otherwise needed to purchase. Anyway I'm just pointing out the point, what you do or how Digit feels is up to he/her/them. The only exceptions you are most likely to find in this regard are either reproduction or artistic works, educational purposes or backing up copies  etc. According to your point your justifying providing ebooks for every single text book out there on the market. Which is a fine way to get yourself hauled off to prison for some time.


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## hansraj (Jun 22, 2008)

@ filled void

1. Nothing has been changed by me, and, is exactly the same as given in the copyright act(U r doubt, ....... Did u copy a different exception....).

2. How r u going to prove that the Digit magazine does not fall under the category of 
"............literary, dramatic, musical or artistic work for the purpose of reporting current events-
(i) in a newspaper, magazine or similar periodical, or......." 
Unless proved, the law does not stop anyone from distributing it.

3. As u brought out that all the text books will be available in the market then... is not correct coz they are not "magazine", here the keyword is magazine and the current events.

4. I could not find out though what "fair dealing" will include but as long as it is not for the individuals monetary/commercial interests it cant be considered illegal.

By all means i am not supporting any kind of loss to any publishing house but just bringing out the point what the law says.

4.


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## victor_rambo (Jun 22, 2008)

> 2. How r u going to prove that the Digit magazine does not fall under the category of
> "............literary, dramatic, musical or artistic work for the purpose of reporting current events-
> (i) in a newspaper, magazine or similar periodical, or......."


Digit is a registered publication. So one must look under which category it is registered




> I could not find out though what "fair dealing" will include but as long as it is not for the individuals monetary/commercial interests it cant be considered illegal.


So according to this, I can make 1000 xerox copies of digit and distribute it to people for free. Because I am not making money, I am doing it legally. Is that what you mean?


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## hansraj (Jun 22, 2008)

rohan_shenoy said:


> Digit is a registered publication. So one must look under which category it is registered
> 
> 
> 
> So according to this, I can make 1000 xerox copies of digit and distribute it to people for free. Because I am not making money, I am doing it legally. Is that what you mean?



The law always finds the Intention, if the intention is to harm the sales of a magazine in the market; the magazine will take action, be rest assured.

But it will be difficult for any current event publication/magazine to prove that the sales are going to be effected adversely especially in case of old archives which as such are not available in the market from the begining of the new month.

Ok , found something on fair dealing



> Effect of use of the work on the original: If the copy of the work affects the original, it amounts to infringement. The fair dealing must not lead to competition.
> 
> In the case of Kartar Singh Giani v. Ladha Singh, AIR 1934 Lah. 777, the court held that:
> 
> two points have been urged in connection with the meaning of the expression fair, in fair dealing (1) that in order to constitute unfairness there must be an intention to compete and to derive profit from such competition and (2) that unless the motive of the infringer were unfair in the sense of being improper or oblique the dealing would be fair.



source: *students.indlaw.com/display.aspx?2553

And as far as u r action of making 1000 copies xerox and distributing is concerned if u r intention is to spread awareness and knowledge (mind u, dont do it for the current magazine issue coz that will effect sales), no one will trouble u coz u r intention has never been to cause any harm to digit. Again "Intention".


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## kumarmohit (Jun 22, 2008)

If this guy purcahsed the disc with PDFs and his disc has gone bad, giving the PDFs to him would not be illegal. Give him the PDF if he can give a proof that he purchased the disc with pdfs and disc has gone bad.


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## hansraj (Jun 22, 2008)

now the avtaar of kumarmohit reminds me of all the comicx which are rented just to make money...  the copyright is being infringed and that too for commercial interests!!! Still no comic publication is ever fighting for this cause.


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## FilledVoid (Jun 22, 2008)

> 1. Nothing has been changed by me, and, is exactly the same as given in the copyright act(U r doubt, ....... Did u copy a different exception....).



As per your first post .



> [Explanation.- The publication of a compilation of addresses or speeches delivered in public is not a fair dealing of such work within the meaning of this clause;


Explanation to what? To one of the above points? The explanation shown is an actual exception. Not the explanation of the above sections. Please paste the source for the info given.



> 2. How r u going to prove that the Digit magazine does not fall under the category of
> "............literary, dramatic, musical or artistic work for the purpose of reporting current events-
> (i) in a newspaper, magazine or similar periodical, or......."
> Unless proved, the law does not stop anyone from distributing it.



The onus of proving that it is a literary work is on you my friend. Nonetheless legal puns aside the section clearly states what literary works are. The point (i) you have listed above is NOT a seperate section but rather completes the above rule. In other words read as shown below-



> a fair dealing with a literary, dramatic, musical or artistic work for the purpose of reporting current events in a newspaper, magazine or similar periodical, or...





> Unless proved, the law does not stop anyone from distributing it.



Proved? Who needs to prove what? Get your facts right. Example. Digit sues you because you did the above mentioned. You don't sue Digit because YOU distributed their work.The onus of proving that its a literary work lies on you. To be frank you are trying to prove that a pdf file which was only available on a commercial magazine available only through purchase is ok to distribute. 



> 3. As u brought out that all the text books will be available in the market then... is not correct coz they are not "magazine", here the keyword is magazine and the current events.



Current Events? So its ok if I find a book on the Latest version of .Net and distribute it? Get Real. Did you even read the act correctly.  Look at what I quoted with the sections joined together and take a thorough read. I'll bold it for your benefit. 



> * a fair dealing with a literary, dramatic, musical or artistic work for the purpose of reporting current events in a newspaper, magazine or similar periodical, or...*





> 4. I could not find out though what "fair dealing" will include but as long as it is not for the individuals monetary/commercial interests it cant be considered illegal.



Again , Are you saying its ok to pirate Windows as long as I only use it for Home use? Is it ok to print out a magazine if I dont buy it? Good luck with that. 



> By all means i am not supporting any kind of loss to any publishing house but just bringing out the point what the law says.



Technically I could argue that you are building a loss in revenue by giving off electronic copies of a magazine they would have sold otherwise. I recall seeing the possibility of actually buying old magazines from Digit? Anyway as far as I am concerned I could care less. Even if you get that PDF fiel Im sure you would probably look at maybe 1-10 pages at the most and forget it existed. Im just showing you that the argument doesn't look right. Well at least in my eyes it doesn't. 



> The law always finds the Intention, if the intention is to harm the sales of a magazine in the market; the magazine will take action, be rest assured.



Can you not see that it is that what you are doing? Basically you gave copies of the magazine in electronic form. How hard is that to understand. Not only that but youve got fair play in copyrights wrong. You are entitled to the below. 



> Fair dealing is an enumerated set of possible defenses against an action for infringement of an exclusive right of copyright. These include the rights granted by copyright laws to reproduce limited portions of copyrighted works without infringing the legitimate interest of the authors or copyright owners.  It is a legal doctrine that allows the public to make limited use of copyrighted work without permission.



You are giving the actual magazine out . You aren't quoting, you aren't cross referencing etc. You are giving the WHOLE magazine in electronic format. That my friend does not entitle you to fair dealing. Which is why I said *Read the Whole act*. Finally did you even read the outcome of that case? Please read the whole thing before blindly copy and pasting from it.



> It was held that since the defendant's book was not a criticism or review, none of the exceptions under Section 52 could be attracted and that as such the defendant's act amounted to copyright infringement.


Enough said?



> If this guy purcahsed the disc with PDFs and his disc has gone bad, giving the PDFs to him would not be illegal. Give him the PDF if he can give a proof that he purchased the disc with pdfs and disc has gone bad.



Yes absolutely. If he doesn't have it send the DVD back to Digit and get a copy of it? Or email one of the Admins I think they would be more than happy to send you the ebooks if you ask nicely .  Hell call the customer support and ask them for a copy. I think they would mail if you gave them the details.

PS: Is there a record for the longest post ever 



> now the avtaar of kumarmohit reminds me of all the comicx which are rented just to make money... the copyright is being infringed and that too for commercial interests!!! Still no comic publication is ever fighting for this cause.



That my friend is called business sense. Would you pursue a case and waste 10k over it or would you let the Rs 10 comic go?


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## ankushkool (Jun 22, 2008)

@kumarmohit

thanks dude, 
u want proof... i will give u all de digit DVDs which i bought n are not working, will u replace them for me as there digit ppl dont give a damn.

and what u ppl takin bout whats legal n whats illegal... is distributing corrupt cds n dvds and not replacing them legal?
shouldnt digit be sued for that... its like stealing... you pay and you get nothing...

whatever it is i m never gonna buy their mag as i hav had may bad experiences with de cds n dvds n these ppl give a damn (though i live their mag)


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## hansraj (Jun 22, 2008)

*education.nic.in/CprAct.pdf 

well this is the link if u want to read it complettely. I have gone thru the act completely and it appears u r getting violent in u r posts... nothing personal.

again the case and the outcome u r saying are two different cases.... u have probably not gone thru it completely. 

what u have written in support of fair dealing is though correct but not complete. for that again go back to the link given in my previous post.

 lets keep it a discussion.
Neither me nor u r going to post the pdf as such in the forum.


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## FilledVoid (Jun 22, 2008)

> well this is the link if u want to read it complettely. I have gone thru the act completely and it appears u r getting violent in u r posts... nothing personal.



You are entitled to your perception. But I fail to see where you think I was violent. nonetheless if you find my post offensive then my  apologies. 



> again the case and the outcome u r saying are two different cases.... u have probably not gone thru it completely.



That is my bad. The outcome for the case I was referring to was posted above. You can see that the person was liable even after using certain sections of the book for "educational purposes". The above scenario is not any different. 



> what u have written in support of fair dealing is though correct but not complete. for that again go back to the link given in my previous post.



I'm not going back and start again with explaining why its illegal all over again. Anyway whatever I posted is my opinion, be free to take /not take it. 



> Neither me nor u r going to post the pdf as such in the forum.



I don't recall saying that. I have most cds/dvds here at home . if the admins are fine with it I'll be moer than happy to email him a copy. 

@ankushcool : Im sorry to hear your experience. I assume you already tried contacting the Customer Support for Digit right? Why not ask Raabo or Fatbeing or someone if there is something else you can do? Otherwise if they don't mind I'll be more than happy to send you the pdf copy if they feel ok with that.


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## ankushkool (Jun 22, 2008)

^^ya dude i hav had a lot of prob with de DVDs, n when i finally decided 2 report it no one helped. check this out
*www.thinkdigit.com/forum/showthread.php?t=85171

i dont think Raabo or Fatbeing can do anythin now... 

thanks 4 help


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## kumarmohit (Jun 22, 2008)

@ankushkool. 

Dude, this is not about you getting lousy discs. This is about if someone else gives you the copies, would that be copyright infringement or not. As long as you are the only one who gets the pdfs it is not against the law coz you paid for the magazine PDFs. Just because the media is corrupt, does not mean you have to pay for the pdfs again. Nor would that be unauthorized dstbn coz the law says you are allowed to keep backup. When you get it from someone here, it is like getting your data back out from backup fille.


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## hansraj (Jun 23, 2008)

@ankushkool
 I can think of one more alternate..... Send them the damaged cd/dvd by normal speed post with a letter explaining and ur address. At times this works. As such those discs are of no use to u.

@ filled_void
 if u already have the copy of the above said digit issue cant u ask ankushkool his mailid and help him. He is a member for long and we can trust his statement. As such he is not gonna ask every month here in the forum.


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## FilledVoid (Jun 23, 2008)

He is welcome to pm me the pdf he needs.


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