How can an author ban critique?

[Mossman]

I find it sad that Scubaboard would even entertain the notion that an author or publisher can control the very mention of her work, let alone prohibit critique. While copyright law certainly forbids the unauthorized copying of the work in many or most situations, critique of a literary work is a protected First Amendment right at least in the United States and hopefully in the Netherlands/Bonaire as well. In fact, the very threat of a defamation lawsuit may be actionable in certain cases in certain jurisdictions.

Personally, I find the author's threats in this case to be offensive to creative expression everywhere and, were it not for the utilitarian value of the book in question for my soon upcoming trip, I would burn the damn thing. Certainly she will not get my money in the future for updated versions and I'll make sure to loan my copy to friends rather than insist they buy their own.

 

[Jim Lapenta]

Huh? Did I miss something?

 

[tc]

Glancing through the thread I doubt the reviews were the issue, they were all quite positive. The issue MAY be that a link to a pdf file was posted that shows (Assumption on my part- I don't have the book) pages from the book altered by the poster. If they are indeed reproductions, even altered, that could infringe on the authors copyright.

Netdoc said he's trying to straighten it out, give him a chance to do that.

 

[DiveMaven]

I don't think it's about critiquing the book, I think it has more to do with copying the text word for word, then modifying the entire format of her book. Although I don't believe it was done for anything but for personal use (no malicious intent), I can also see how the author might be concerned when pages (even with copywrited text removed) were available here for public view/consumption.

I have heard many times that the book has been a labor of love since it's inception, and I will continue to support the author's efforts as we found it to be the best resource available about Bonaire shore diving. We used it to direct all of our dive site choices and found it to be an invaluable tool in making sure we weren't making bad decisions about where to dive.

I wish someone had the same kind of book about the restraurants on Bonaire!

 

[Mossman]

I don't think it's about critiquing the book, I think it has more to do with copying the text word for word, then modifying the entire format of her book. Although I don't believe it was done for anything but for personal use (no malicious intent), I can also see how the author might be concerned when pages (even with copywrited text removed) were available here for public view/consumption.

The copier made it extremely clear that he was only doing it for his own benefit and not at all for commercial purposes, however that is not the point here. I'm not arguing that she may or may not have had the right to require Scubaboard to pull the PDF that the copier posted or even threaten legal action against the copier if that is what she chose to do.

My issue is with Netdoc's claim that she wanted to ban any future reference to her book. Perhaps there is a misunderstanding here and that was not her intent. Certainly she has the right to prohibit copies of the book from being distributed, even the right to prohibit sections of the book from being transcribed online when they exceed the boundaries of the fair use exceptions, but she absolutely should not have the right to prohibit critique of the book.

I have heard many times that the book has been a labor of love since it's inception, and I will continue to support the author's efforts as we found it to be the best resource available about Bonaire shore diving. We used it to direct all of our dive site choices and found it to be an invaluable tool in making sure we weren't making bad decisions about where to dive.

Labor of love notwithstanding, if the author engages in what I believe to be the unethical behavior of silencing criticism, I will not support her endeavours. Besides, from the pitiful state of the current product, competition is sorely needed. Maybe I'll start my own book - at least I'd be able to write off the cost of my Bonaire visits against any profits - and mine will be laminated and have cool icons.

I wish someone had the same kind of book about the restraurants on Bonaire!

What, and have every restaurant owner threaten to sue if there are any negative critiques? I'm surprised Scubaboard allows any posts referencing anything privately owned on Bonaire. Why is critiquing a restaurant, hotel, or dive operation any different from critiquing a book?

Maybe next the entire island of Bonaire will threaten to sue Scubaboard for any negative mention of theft or mosquitoes or box jellies.

 

[Mossman]

Glancing through the thread I doubt the reviews were the issue, they were all quite positive. The issue MAY be that a link to a pdf file was posted that shows (Assumption on my part- I don't have the book) pages from the book altered by the poster. If they are indeed reproductions, even altered, that could infringe on the authors copyright.

Netdoc said he's trying to straighten it out, give him a chance to do that.

Netdoc said "depending on her response, we might end up having to ban ALL discussions about her book here" and I fail to see why Susan Porter's response is necessary in order to have discussions about her book here. Netdoc doesn't need her permission any more than he needs Bonaire's permission in order to discuss Bonaire here.

 

[b1gcountry]

Scubaboard may be free to the public, but that doesn't mean it is a public forum. Being a privately run website, they have the right to limit/ban/censor content if they wish, or if it makes it easier for the moderators to police the forum.

Telling you what you can do on their forum is not infringing anyone's rights. You can still start your own, and say whatever you want.

Tom

 

[tc]

Netdoc said "depending on her response, we might end up having to ban ALL discussions about her book here" and I fail to see why Susan Porter's response is necessary in order to have discussions about her book here. Netdoc doesn't need her permission any more than he needs Bonaire's permission in order to discuss Bonaire here.

And MAYBE that's his subtle way of telling her that if she want's to drag the lawyers into it then he'll simply ban any discussion of it? Including all of the good advertising it's been getting here free?

 

[Mossman]

Scubaboard may be free to the public, but that doesn't mean it is a public forum. Being a privately run website, they have the right to limit/ban/censor content if they wish, or if it makes it easier for the moderators to police the forum.

I never suggested otherwise. Of course Scubaboard has the right to ban whatever it chooses to ban. I just commented that it was sad that the author was making threats and that it was sad that Scubaboard was buckling under the threats.

 

[rjchandler]

Maybe she sent a "take down" notice pursuant to the United States Digital Millenium Copyright Act. Scubaboard would then be required to remove (not quite what happened here) allegedly infringing material until the claims are sorted out (I am oversimplifying but I don't want to spend hours trying to explain it all). Or maybe she claimed slander or some such thing.

Just guessing - but what is Scubaboard for?

An author cannot prevent (under US law) satirical comment - but you will make your local copyright attorney rich arguing about how much copying is allowed as part of that satire. There *is* a difference between disassembling your personal copy to laminate each page and typing out a copy of each page and laminating that.

If you want a supplement to BSDME you might try to get a hold of New Guide to the Bonaire Marine Park by Tomvan't Hof. Published in 1996 - but still useful.