While in the past doing a reprint of a book, movie or game was expensive and wasn't worth if something wasn't popular, now selling something on a digital store has only a small initial cost (writing descriptions and graphics) and after that there's nothing more. So why publishers are giving up on free money?
I thought to those delisting reasons:
-
Artificial scarcity. The publisher wants to artificially drive more sales by saying that's a limited time sale. For example that collection that included sm64. super Mario Galaxy and super Mario sunshine on switch. The greedy publisher essentially said "you only have 6 months to get this game, act now" and people immediately acted like "wow, better pay $60 for this collection of 3 old games, otherwise they'll be gone forever!” otherwise they would have been like "uhm, i liked super Mario sunshine but $60 for a 20 years old game? I'll think about that"
-
Rights issues. For books the translation rights are often granted for a limited time; same for music in games; or if it's using a certain third party intellectual property. Publisher might decide that the cost for renewing the license is too high compared to projected sales, while the copyright owner instead still wants an unrealistic amount of money in a lump sum instead of just royalties. Example is Capcom DuckTales remastered, delisted because Disney is Disney.
-
Not worth their time. Those sales need to be reported to governments to pay taxes and for a few sales, small publishers might prefer to close business rather to pay all the accounting overhead. Who's going to buy Microsoft Encarta 99?
-
Controversial content: there are many instances of something that was funny decades ago but now is unacceptable. Publisher doesn't want to be associated with that anymore
-
Compatibility issues. That game relied on a specific Windows XP quirk, assumed to always run as admin, writing their saves on system32, and doesn't work on anything newer. The code has been lost and they fired all the devs two weeks after the launch, so they're unable to patch it.
In all those cases (maybe except 5), the publisher and the copyright owners decided together to give up their product, so it should be legally allowed to pirate those products.
If I want to read a book that has been pulled from digital stores and is out of print, the only way to do is:
- Piracy (publisher gets $0 from me)
- Library (publisher gets $0 from me)
- Buying it from an ebay scalper that has a "near mint" edition for $100 (publisher gets $0 from me)
And say that I really want to play super Mario sunshine. Now the only way is to buy it used, even if they ported it to their latest game console and it would literally cost them nothing to continue selling it. But if I buy it used, Nintendo gets the exact same amount of money that they would if I downloaded it with an "illegal" torrent.
In short: they don't want the money for their IP? Then people that want to enjoy that IP should be legally allowed to get it for free
I don't think you need to put something in the public domain immediately. And obviously that would immediately destroy any protections for physical media (in that the moment a physical book is published and sold through it immediately becomes "not available for sale").
But you can make exceptions for free distribution that work both online and physically. Libraries existed long before the Internet did. You can enable private distribution of free copies without fully removing the right of the copyright holder to own an exclusive right to sell an item, which is fundamentally different than something being in the public domain.
I'm fine with you being able to sell a copy of the Iliad but not one of Metal Gear Solid 4. That's not to say putting a copy of Metal Gear Solid 4 up for download should be illegal.
Because that specific book now has a new owner who can keep it or sell it as they see fit. Like people still do with physical games.
If you mean that a book becomes generally unavailable when it's between printings, though, you're wrong.
Publishers overlap print runs and begin selling the first paperbacks before they've sold out the initial hard cover prints PRECISELY to avoid the situation you seem to think happens with every single book.
You're missing the point, though. The concern copyright has isn't the physical book. If we were operating on physical books we would be fine with 20th century copyright.
The concern is the difference between the physical book and the contents of the book. You can make a book and send it off into the world as a physical object and have no new copies being printed while that book remains physically stocked in stores where you can go buy it.
What happens to that book in the interim? Is it okay to republish the contents of the book?
And yeah, sure, media that is constantly selling often has multiple prints. This scenario still happens when they stop making new prints, though, since some stock won't have sold through. And plenty of media is made on limited runs, too. Monthly magazines, collector's editions....
Hell, what happens to movies once they are out of cinemas and not printed in physical media or available for streaming in your scenario? Do you give up copyright if there isn't an overlap? That seems harsh. TV shows that are broadcast once live but not available on streaming or physical media until the season is over?
Also, somebody below raises a great point: what happens to the copyright of things not commercialized by companies? If you make a picture and don't sell it, does that mean I can use it? Sell it myself? Because people around here seem... not okay with that one.