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Authors Guild Sues Google Over Print Program
heavy snowfall writes to tell us that The Authors Guild has filed a class action lawsuit against Google. The lawsuit claims that Google's scanning and digitizing of library books as a part of the Google Print Project constitutes "massive copyright infringement". In addition to the lawsuit The Authors Guild has also issued a press release to explain its actions.
If they are still under a copyright, I don't see how Google could provide such a service. AFAIK, I am not allowed to borrow a book from a library and make a complete photocopy of it even for private use.
The owls are not what they seem
While they might legally have a point about Google having to ask for permission (IANAL), Google Print is just one huge f***** advertisement for their books.
Google is providing a useful service that allows you to find the books you want, so that you can purchase them legally from bookshops.
They are showing a little bit of content in order to let people make up their minds, analogous to be able to browse a book at a bookstore to find out if you want it or not.
This is simply taking common fair use in a bookstore (browsing) and moving it onto the digital domain.
While I agree Google should probably have asked the publishers for permission, a lawsuit is just far beyond common decency.
It is time copyright gets a huge makeover to make it more edible for consumers and work better in the new "digital reality", and I am not talking about stronger measurements and DRM.
It will be interesting to see how this pans out because it will have a lot to say about how copyright and intellectual property are being interpreted in the courts.
On the one had the authors do have a point: regardless of how little of the copyrighted works Google exposes to people searching, the fact is that Google itself is copying and making use of the whole work. Google is a for profit enterprise, and making books available for searching is part of that endeavour, so having a copy of the text is worth something to Google, yet they haven't sought any agreement with the authors to do so.
On the other hand, this is just stupid! What the fuck are they thinking? Google is effectively providing free advertising for them. Moreover such a service is obviously invaluable to the wider public, making it much easier for them to find (and then buy) the information they want.
Jedidiah.
Craft Beer Programming T-shirts
Let us hope that they lose this one big time. It seems Google already has plenty of safeguards in place.
Sure, with the convuleted interest ridden mess the copyright system is the Writer Guild might actually win this.
Because, why would Google be allowed to copy all these books to their hard disks, and then make a mint from advertising by showing peeks of it to searchers.
They sure aren't paying anyone for the priviledge.
In university they have pretty big posters against wholesale copying of library books above the photocopiers, with all the usual heavy handed copyright warnings.
It seems technology, is as per usual, ahead of the law. Google would have to establish some kind of copyright free zone (bit like a tax free export zone) where they can safely process search actions on this huge Alexandria library.
Better beat around some congress critters to support this as the potential benefit to mankind ( access to all written knowlegde current and past, no matter how insightful or inane) would probably be worthy of "World Wonder" status, and give the society that has it a serious scientific advantage.
"If Google combined this with publishing on demand, they could put every publisher in existence not only out of business, but do it while offering far better deals for the authors."
This is what authors are afriad of -- change from the status quo. I think it's a change for the better, but when you're talking about your livelihood, it's a scary thought to imagine -- the way you make your money is about to change drastically.
Technology tips and tricks.
Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
It's worth bearing in mind that copyright is a protective measure given by a government in return for obliging the publisher to make the work publicly available.
The ultimate aim is to increase the education of the public through availability of information - not to bestow some inalienable commercial right.
Right or wrong, The Authors' Guild is saying that Google are acting illegally.
Just because Google (and some of it's supporters) think this is a good idea does not make it legal.
We can all have our opinions about what "should" happen, but whether Google is allowed to do this is down to the Courts, now that the copyright owners have asked that it be looked into.
I think the OP's point is that Google are not doing this because of the wonderful, freeing effect it will have on literature, rather that they are doing it to make money.
I wonder what would happen if Google started to charge for access to this library?
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MadDwarf
The authors want to be consulted on how their copyrighted text is used. And that is absolutely their right.
No. They have to be consulted only for some uses specified by the law. If I want to distribute an author's book I need to ask permission. If I want to quote a sentence from his book, I don't need permission. If I want to burn his book, I don't need permission either. I'm not a lawyer so I don't know in what category Google Print falls, but it's certainly not obvious.
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The so-called authors' guild is an organization which considers publishers to be at-large members over the regular membership given to authors. Want to know which group is more important to the guild?
The point being, don't assume the authors are the ones fearing the change.
To be fair, the problem is that one company controlling an entire market is never a good thing, even if it is Google.
My personal thought is that systems like this are beneficial to society as a whole, and so long as Google don't use the technology in the way you describe, they should be allowed, whether or not that's what the law says. Copyright law needs radical reform.
Come on, the scanning effort is not even comparable. First of all the content of public web sites is generally freely available to all. This is the point of the web. Google only provides a free indexing service to all that content.
Further, web sites are usually happy to be searchable through Google, because their goal is to be visible and read, however if you put a web site up, you can opt out of Google searching your site with a simple robot.txt file.
Now if you have a book published, it is usually NOT freely available, the author/publisher is usually NOT willing to divulge the content without compensation, and there is no obvious way to opt out of Google's scanning program.
Suppose someone started a service where, if you sent them a phrase, they would look through the books they own, and report back to you the sentences containing that phrase. The provider owns the books, and is only quoting little bits of them, so this is clearly fair use. (This may seem absurd, but such exchanges do occur in a limited way; for instance in genealogy, someone might offer to do lookups of a particular person's name.)
Google Print is providing the same service, except it is automated, so I don't think the service violates copyright. What might violate copyright is that they've converted printed material into electronically accessible material. If they actually own the books, then this is the same format-conversion question we've been running into with audio: can someone who buys a DVD transfer it onto videotape for their own use? Same question.
Now if Google doesn't own the books then that is a problem, because they are taking a copy from a library and then both of them own the copy. Either Google should buy a copy of the books it sells (or just pay for it; they certainly don't want a warehouse of physical books somewhere which they don't use), or they should set up the databases with the libraries themselves, so that it's the libraries who own the scans.
Someone mentioned whether it was legitimate for Google to use these books to make money without giving the authors a cut of the profits. As an academic, I use a lot of books in my business and I don't pay the authors anything but the cost of the book.
That all being said, Google might consider not providing the books of the publishers who object; if this is really a boon for the publishers, then they will eventually see the error of their ways.
This doesn't seem likely to go anywhere. It seems reasonable that:
a) Google and the libraries had considered copyright issues very carefully before doing this; and
b) that the offended authors had already tried negotiating with Google.
So, there are probably a battery of high paid Google lawyers who have already determined that Google's actions are legal. Following which Google evidently felt it did not have to negotiate and likely expected a lawsuit to follow. To think otherwise is to assume that Google is run by a bunch of idiots which is very clearly not the case.
The Guild and authors are blowing smoke in that time-honoured American tradition of suing as the last possible recourse when all other avenues for a blatant money grab have failed.
"Consensus" in science is _always_ a political construct.
First of all the content of public web sites is generally freely available to all.
And the contents of the libraries Google is scanning are not?
Google only provides a free indexing service to all that content.
Google caches Web pages and provides a short blurb from each page with the link to help you determine if this is valuable material for you. Now Google has added library books and you can view a page or two of the book to determine if it is a book you want to buy or check out from a library.
Further, web sites are usually happy to be searchable through Google, because their goal is to be visible and read...
The libraries Google is scanning are providing them with access and often free office space while performing their scans. They to want their catalogue to be easily searchable. It is the library that owns the book that is using their right to copy small portions of the book for literary endeavors. It seems pretty kosher to me. Any library that does not want to participate can just say "no" or not invite Google to come over.
You have looked at the Google pages right? You know they only let you see a few pages of most books and only public domain books and books whose copyright holder has given permission are shown in their entirety right? Surely you don't begrudge any library the right to build a searchable database of the books they own, just like you don't begrudge me the right to build a searchable database of the books I own.
I'm not sure how anyone has any right to complain. But this is America, so a lawsuit was inevitable.