The thing about copyright isn't just the sales aspect, it also includes unauthorized reproduction & distribution---therefore the scholarly angle does not negate this.
Yes, I know. I assumed everyone could see the tongue in cheek, even through their computer monitors.
My point in all this has been, if a handful of these books - in their original, unaltered state - were sold, given away, whatever, quietly, behind the scenes, no one would have to know and who the hell would care?
All you are doing when you start talking about copyright laws and prosecution is guaranteeing that those books will stay in those boxes forever, and now you and I will probably never read it.
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Martin was/is a vindictive control freak (at least in my personal experience with him, which is all I have to go on). He didn't care about the "suppressed" books getting out. That's obvious from the
Going Modern story, his buying 6 copies of Amber's book from her, and retaining or buying copies of everything that he prevented from seeing wide release.
Why did he want these? To give to the Smithsonian? No, he sold most of this stuff. He sold manuscripts, Bukowski art (I know because I bought some), books, all kinds of things.
He supplied the secondary market that he created with his limited and special editions and "suppressed" titles. Clever? Sure. Fucked up? I don't know. You tell me.
I'm not sure why anyone cares what Martin thinks now anyway. If he's reading this, I cordially invite him to kiss my ass. I respect and appreciate what he accomplished, but I will always remember him as a nasty prick who went out of his way to fuck me over, and seemed to get a kick out of playing dirty.
But hey, that's just my experience. I'm sure he's a regular saint otherwise.