You can’t open a file like you would a book. You need to copy and process the file in order to display it.
That precedent has never been set in the US. The “process” you’re talking about for a human to open a digital book is not considered “copying” under US law.
There have been no prosecutions for downloading only because the level of damages is so low
That is a theory. Not a very compelling one, given the level of pettiness we regularly see in the courts. The precedent of a successful prosecution for downloading would be extremely valuable to rights holders: it would have a chilling effect on the entire community of pirates. The reverse is also true: a failed prosecution would lend a great deal of legitimacy to piracy for personal consumption.
The actual reason why rights holders aren’t pressing cases against downloaders is because they know they will fail. Copyright law is not written or interpreted in such a way as to enable prosecution of people for receiving a work, or even for requesting a work be sent to them. Copyright law envisions pirate distributors, not consumers.
That precedent has never been set in the US. The “process” you’re talking about for a human to open a digital book is not considered “copying” under US law.
That is a theory. Not a very compelling one, given the level of pettiness we regularly see in the courts. The precedent of a successful prosecution for downloading would be extremely valuable to rights holders: it would have a chilling effect on the entire community of pirates. The reverse is also true: a failed prosecution would lend a great deal of legitimacy to piracy for personal consumption.
The actual reason why rights holders aren’t pressing cases against downloaders is because they know they will fail. Copyright law is not written or interpreted in such a way as to enable prosecution of people for receiving a work, or even for requesting a work be sent to them. Copyright law envisions pirate distributors, not consumers.